What Is a Quitclaim Deed: What It Transfers, What It Does Not Promise, and How It Is Signed and Recorded

A quitclaim deed is a written document that transfers whatever ownership interest the signer has in a specific piece of real property, without promising that the signer holds good title or that nobody else has a claim. It does not, by itself, release anyone from an existing mortgage. The form, signing steps, witnesses, recording process, fees and tax consequences depend on the state, and sometimes the county, where the property sits. In Texas, a conveyance must be written, signed and delivered under Property Code § 5.021 (opens in a new tab), a deed offered for recording must meet Property Code § 12.001 (opens in a new tab), and the county clerk where the property is located records it.

What a quitclaim deed transfers, and what it does not promise

The key difference is between an ownership interest and a promise about title. If you sign a quitclaim deed, you hand over whatever interest you hold in the described property. If you own half, half passes. If you own nothing, nothing passes. TexasLawHelp's guide to property deed basics (opens in a new tab) describes a quitclaim deed as transferring the grantor's rights, which is a narrower thing than guaranteeing the property itself.

Michigan's statute states the idea directly. Michigan Compiled Laws § 565.3 (opens in a new tab) says a deed of quitclaim and release is sufficient to pass all the estate the grantor could lawfully convey, and § 565.5 in the same chapter says no covenant is implied in a conveyance except as the law specifies.

Because it passes only the signer's own interest, one co-owner's quitclaim deed does not wipe out another co-owner's share.

Why people are asked to sign one

Quitclaim deeds tend to come up when property changes hands without a sale between strangers: one spouse transferring an interest to the other, a transfer after divorce, adding or removing a family member, moving property into a trust or an LLC, clearing up a cloud on title, or a family transfer connected to estate planning or a death. Each raises its own mortgage, tax and title-insurance questions. If someone has handed you a deed to sign, reading it alongside the current recorded deed and your loan documents is a sensible first step. For planning that passes a Texas home at death without probate, our guide to the Texas transfer-on-death deed explains a different tool built for that purpose, and our overview of how to avoid probate compares the other options.

How a quitclaim deed differs from warranty deeds

Deeds differ mainly in the promises the grantor makes. Texas law spells out the language for a general warranty: Property Code § 5.022 (opens in a new tab) provides statutory wording under which the grantor warrants and defends the property against persons claiming it lawfully. A special warranty deed generally limits that promise to claims arising through the grantor or during the grantor's ownership, though the exact wording and effect depend on state law and the deed text. A quitclaim deed makes no such promise. "Warranty deed" is also used differently from state to state, so the covenants written in the document matter more than its label.

After a divorce in Texas, the choice of deed can affect a later sale. TexasLawHelp's guide to dividing property and debt in a divorce (opens in a new tab) says a special warranty deed may be needed so the spouse who keeps the property can sell it later.

What must be signed in Texas

Under Property Code § 5.021 (opens in a new tab), a conveyance of an estate of inheritance, a freehold, or an estate for more than one year must be in writing, subscribed and delivered by the person conveying it or by an agent authorized in writing.

To be recorded, the deed has to meet Property Code § 12.001 (opens in a new tab). For an instrument conveying real property, the grantor must either sign and acknowledge or swear to it before two credible subscribing witnesses, or acknowledge or swear to it before an authorized officer who certifies it. Anyone presenting the document in person at the clerk's office must also meet a Texas identification requirement, so bring identification and confirm what the clerk accepts. Civil Practice and Remedies Code Chapter 121 (opens in a new tab) lists who may take acknowledgments.

The deed also needs to name the grantor and grantee and describe the property with a legally sufficient description. A street address alone is not a legal description. TexasLawHelp's divorce guide adds that the description in a decree or deed should match the most recent deed exactly, so copying it from the current recorded deed avoids errors.

In Texas, the grantee generally accepts the deed rather than signing it. TexasLawHelp explains that acceptance makes the transfer legally effective, while recording gives public notice and helps establish the chain of title.

How Michigan and New York handle signing and recording

In Michigan, § 565.1 (opens in a new tab) requires a deed to be signed and sealed by the person transferring the interest, acknowledged or proved, and recorded. Michigan Compiled Laws § 565.201 (opens in a new tab) adds recording requirements such as printed names beneath signatures, notary information, and the drafter's name and business address for covered instruments.

In New York, Real Property Law § 291 (opens in a new tab) provides that a duly acknowledged conveyance may be recorded with the county clerk where the property is located, and § 290 (opens in a new tab) defines the recording officer and what recording means. Acknowledgment rules run through Real Property Law § 310 (opens in a new tab). Confirm the exact deed form and county requirements with the county clerk before filing.

Where the deed is recorded and what recording does

A deed is generally recorded in the land-records office for the county where the property sits. Depending on the state, that office may be called the county clerk, the county recorder or the register of deeds. In Texas, it is the county clerk, and Property Code Chapter 13 (opens in a new tab) addresses the effect of recording and notice to later purchasers and creditors.

Recording fees are set locally. Denton County's real property fee schedule (opens in a new tab), shown in the table below, is one Texas example; confirm the fee with the recording office in your property's county.

Transfer taxes and property tax

Texas does not impose a general state real-estate transfer tax comparable to New York's, but a Texas transfer can still involve recording fees, property-tax questions and federal tax questions. Property-tax reassessment and exemptions are handled under Texas tax law and by the local appraisal district, so confirm how a transfer affects your taxes with the appraisal district for your county.

Michigan's State Real Estate Transfer Tax Act (opens in a new tab) taxes written instruments that transfer interests in real property, with exemptions. Under MCL § 207.533 (opens in a new tab), documentary stamps must be affixed before recording when the tax applies, and an exempt instrument must state the reason for the exemption.

New York's figures, from the New York Tax Department's real estate transfer tax page (opens in a new tab), are the most specific:

New York also lists exemptions, including certain bona fide gifts without consideration and some changes in the identity or form of ownership. Property reassessment rules differ by state and locality everywhere, so treat them as a separate question for the state tax agency or local assessor.

What happens to the mortgage

The deed and the loan are separate. A quitclaim deed transfers an ownership interest; it does not transfer the borrower's promise to repay under the note and mortgage or deed of trust. The FTC's guidance on mortgage relief scams (opens in a new tab) states plainly that transferring the deed does not transfer the mortgage.

Many loans contain a due-on-sale clause, which lets the lender call the loan when the property is transferred. The federal Garn-St Germain Act, 12 U.S.C. § 1701j-3 (opens in a new tab), generally permits lenders to enforce those clauses but restricts enforcement for specified transfers, including transfers in which the borrower's spouse or children become owners, certain transfers into an inter vivos trust where the borrower remains a beneficiary, and specified transfers related to death or divorce. The statute's exact conditions and your loan documents control, so ask your mortgage servicer how it treats a particular transfer.

The CFPB's research on mortgage problems after divorce or death (opens in a new tab) notes that servicers may ask for a quitclaim deed, or divorce documents, to document a transfer from a living spouse or parent.

Divorce and family transfers

A quitclaim deed is often part of moving a home to one spouse after divorce, but the deed, the decree and the mortgage each do different work. TexasLawHelp's divorce guide explains that a decree awarding the house does not necessarily remove a former spouse from a mortgage they both signed. If both remain liable, the lender may still seek payment from either one, even if the decree assigns the payments to one spouse. Our guide to community property in a Texas divorce explains how Texas courts divide the home and other property in the first place.

Family transfers follow the same logic: adding a relative to title, or moving property to a trust or LLC, changes record ownership while the note, the deed of trust and the lender's rights stay in place.

Gift tax and basis

A transfer for little or nothing can be a gift for federal tax purposes. The IRS gift-tax FAQ (opens in a new tab) treats a transfer for less than adequate and full consideration as generally a gift, and the giver may need to file Form 709 (opens in a new tab) by April 15 of the following year if gifts to someone other than a spouse exceed the annual exclusion, or if spouses elect gift splitting. The annual exclusion is $19,000 per recipient for 2025 and 2026.

Basis matters at a later sale. IRS Publication 551 (opens in a new tab) says gifted property generally keeps the donor's adjusted basis, with adjustments for certain gift tax paid, while inherited property generally receives a basis equal to fair market value at the date of death, subject to exceptions.

Title insurance after a quitclaim deed

A quitclaim deed does not create title insurance, and it does not automatically end or continue an existing policy. Coverage turns on the policy's terms, endorsements and definition of who is insured. Stewart Title's underwriting manual (opens in a new tab) notes that relying on a quitclaim deed to vest title in a proposed insured may require customary local treatment or underwriting approval, and the ALTA's material on its 49 endorsements (opens in a new tab) describes newer endorsements that may cover certain forged deeds or mortgages. Review your policy and confirm coverage with the issuing title insurer or title company.

Deed fraud and warning signs

The FTC warns about scams that ask homeowners to sign over the deed in exchange for mortgage help, leaving the homeowner still owing the loan while someone else controls the property. Its alert on home title lock products (opens in a new tab) also describes title fraud, where someone pretends to be the owner and transfers the deed. The Texas Attorney General's mortgage fraud report (opens in a new tab) describes forged and backdated deeds, sham trusts and false promises to deed the property back.

Warning signs include unsolicited offers, pressure to sign right away, requests to stop talking to your lender, claims that a deed will erase mortgage debt, and a deed tucked into a large stack of papers. A county property-alert service, where offered, can tell you quickly about a new filing, though an alert does not stop a fraudulent filing or fix title.

Who handles each part

A notary or authorized officer takes the acknowledgment, and the county clerk, recorder or register of deeds records the deed and collects fees. A title company may search title, prepare documents and issue title insurance. The mortgage servicer answers loan and due-on-sale questions, the appraisal district or state tax agency handles tax questions, and an attorney can draft or review the deed, a divorce-related transfer, a trust or LLC transfer, or a fraud response. Before signing or recording, a short checklist helps:

• Identify the property's state and county, and get the current recorded deed.
• Confirm the grantor and grantee names and copy the legal description exactly.
• Identify every ownership interest and whether the deed is quitclaim, warranty or special warranty.
• Check the mortgage, including any due-on-sale clause.
• Check transfer-tax, property-tax and gift-tax questions.
• Arrange the required acknowledgment or witnesses, then confirm recording requirements and fees with the county office.
• Keep the recorded deed and its recording information.

Frequently asked questions about quitclaim deeds

These answers add detail beyond the sections above.

Is a quitclaim deed valid in Texas?

Yes, it is one of the deed types TexasLawHelp describes for Texas property. Whether a particular deed works depends on whether it was written, signed, delivered and accepted, and it must meet Property Code § 12.001 (opens in a new tab) before the county clerk will record it.

Can a quitclaim deed transfer a house that still has a mortgage?

The deed can transfer an ownership interest in mortgaged property, but the loan stays in place and the due-on-sale clause remains relevant. Federal law limits enforcement of that clause for some family, trust, death and divorce transfers.

What is a quitclaim deed called in Spanish?

TexasLawHelp's Spanish materials use "escritura de renuncia" for a quitclaim deed, "otorgante" for the grantor and "beneficiario" for the grantee. Its Spanish deed basics page (opens in a new tab) explains Texas deeds in Spanish.

Next step

If a deed transfer involves a mortgage, a divorce, a trust or a possible forgery, a real estate attorney licensed in the property's state can review the documents with you. You can find real estate and property lawyers in the Counselado directory, starting with Texas.