Quitclaim Deed
A deed that transfers whatever interest the grantor may have in property without any warranties about the quality of title. The grantor makes no promises about ownership—they simply 'quit' any claim they might have.
Understanding Quitclaim Deed
A quitclaim deed is the simplest form of property conveyance. The grantor transfers whatever interest they may own—which could be complete ownership, partial ownership, or nothing at all. The deed contains no warranties, so if the grantor has no interest or if there are title defects, the grantee has no recourse against the grantor.
Quitclaim deeds are commonly used in situations where warranties aren't necessary or expected: transfers between family members, divorce property settlements, clearing clouds on title, or adding/removing names from title. They're also used to resolve potential claims—someone who might have an interest can quitclaim it away for certainty.
Because quitclaim deeds provide no title protection, lenders typically won't accept them for financed purchases, and title companies won't insure title based solely on a quitclaim. The deed works best when the grantee already knows the title status or is accepting the risk.
For curative title investors, quitclaim deeds are useful tools for gathering interests from multiple parties. When acquiring heir property, getting quitclaims from all heirs may be more practical than formal probate or a quiet title action.
Real-World Example
An investor discovers that a neighbor's old fence encroaches onto the subject property by 2 feet. To clear this cloud on title, the investor offers the neighbor $500 for a quitclaim deed releasing any claim to the strip of land. The neighbor signs, eliminating the potential boundary dispute.
Texas-Specific Information
Texas recognizes quitclaim deeds, though they're called 'deeds without warranty' in practice. Texas Real Estate Commission forms include a 'Special Warranty Deed - without warranty' option. Because Texas doesn't specifically regulate quitclaim deeds, any deed can be drafted to convey without warranties.
Related Terms
Warranty Deed
A deed in which the grantor guarantees clear title and promises to defend against all claims. A general warranty deed provides the strongest title protection, warranting the entire chain of title back to the property's origins.
Special Warranty Deed
A deed where the grantor warrants title only against defects arising during their ownership period. Unlike a general warranty deed, it does not protect against claims from before the grantor acquired the property.
Clouded Title
A title with unresolved claims, liens, or defects that cast doubt on the true ownership of property. Clouded titles prevent sales, refinancing, and title insurance until the issues are resolved.
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