How to Fill Out and Record a Quitclaim Deed

A quitclaim deed is the fastest way to move real estate from one person to another. It shows up in divorces, in transfers between family members, when someone adds a spouse to the title, and when an owner moves a property into an LLC or a trust. It is a short document, but it is unforgiving. Copy the legal description wrong or leave off the notary block and the county recorder hands it right back.

So here is what a quitclaim deed actually does, what you need before you start, how to fill it out line by line, and how to get it notarized and recorded so the transfer holds up.

What a Quitclaim Deed Does (and Doesn't Do)

A quitclaim deed transfers whatever ownership interest the grantor has in a property to the grantee. The key phrase is whatever interest. Unlike a warranty deed, a quitclaim makes no promises. The grantor is not swearing they own the property free and clear, not guaranteeing there are no liens, and not agreeing to defend the title if a problem surfaces later. They are simply releasing any claim they might have.

That is why quitclaim deeds work well between people who already trust each other and poorly in arm's-length sales. If you are buying a home from a stranger, you want a warranty deed and title insurance. If your sister is signing her half of the family cabin over to you, a quitclaim is usually all you need.

Two things a quitclaim deed does not do:

• It does not touch the mortgage. Transferring ownership and transferring debt are separate. If the person leaving title is still on the loan, they stay liable until the loan is refinanced or paid off.
• It does not clear existing liens. A tax lien, a mechanic's lien, or a judgment attached to the property follows the property, not the person. The grantee takes the home with those problems intact.

If you are still deciding which instrument fits your situation, our overview of the types of property deeds compares quitclaim, grant, and warranty deeds side by side.

When People Use a Quitclaim Deed

The document earns its keep in a handful of recurring situations:

• Divorce. One spouse quitclaims their interest to the other so the house ends up in a single name as part of the settlement.
• Adding or removing a spouse. Marriage, or a decision to keep a property separate, often calls for putting a new name on title or taking one off.
• Gifting to family. Parents move a home to an adult child, or siblings sort out an inherited property among themselves.
• Moving property into an LLC or trust. Investors and estate planners retitle real estate into an entity or a living trust for liability or probate reasons.
• Fixing a title defect. A misspelled name or an old ownership question can be cleared when the person with the potential claim signs a quitclaim to release it.

Because the grantor makes no warranties, these transfers are quick and cheap. The trade-off is that the grantee has no recourse against the grantor if the title turns out to be flawed.

Information You Need Before You Start

Gather these details before you touch the form. Chasing them down mid-draft is where most errors creep in.

• The current deed. Pull the most recent recorded deed for the property. It is your source of truth for how the current owners are named and how the property is legally described.
• The exact legal description. This is the surveyor's description (lot, block, tract, and recording references, or a metes-and-bounds paragraph), not the street address. Copy it word for word from the prior deed. The mailing address alone will get the deed rejected.
• The Assessor's Parcel Number (APN). Also called a parcel or tax ID number, printed on your property tax bill and the prior deed.
• Full legal names. Spell out the grantor and grantee exactly, including how each person wants to hold title.
• How the grantee will vest title. For two or more grantees, decide between joint tenancy, tenancy in common, or, in community property states, community property with right of survivorship. This choice controls what happens when one owner dies, so it is worth getting right the first time.

How to Fill Out a Quitclaim Deed: Step by Step

Most counties accept a one-page deed as long as it contains the required elements. Here is what each part should say.

Step 1: Add the Preparer and Return-To Block

At the top, state who prepared the document ("This instrument was prepared by...") and where the recorder should mail it after recording ("When recorded, return to..."). Recorders reject deeds that lack a return address.

Step 2: Name the Grantor and Grantee

Identify the grantor (the person releasing their interest) and the grantee (the person receiving it) by full legal name. Add each party's address. If the grantor is married and the property is a homestead or community property, the spouse may also need to sign even if they are not on title, so confirm your state's rule.

Step 3: State the Consideration

Consideration is what the grantee gives in exchange. For a sale, list the dollar amount. For a gift, most templates use language like "for love and affection" or "for the sum of ten dollars and other valuable consideration." The consideration figure often drives the transfer tax calculation, so be honest and consistent with what you report to the recorder.

Step 4: Add the Words of Conveyance

This is the operative sentence, something close to: "The grantor hereby remises, releases, and quitclaims to the grantee all right, title, and interest in the following described property." Those verbs, remise, release, quitclaim, are what make the document a quitclaim rather than a warranty deed. Do not swap in "warrant" or "guarantee."

Step 5: Insert the Legal Description

Paste the legal description exactly as it reads on the prior deed. If it is long, deeds often reference "Exhibit A attached hereto." Follow it with the APN and the property's street address for clarity, but the legal description is what actually identifies the parcel.

Step 6: Sign in Front of a Notary

The grantor signs and dates the deed. Do not sign until you are in front of the notary, because the notary has to witness the signature. States such as Florida require two witnesses in addition to the notary; Georgia requires one witness plus the notary. Check your county's rule before the signing appointment so you can bring witnesses if needed.

For a deeper look at how naming and vesting choices affect ownership down the line, our guide on deed vs. title explains the difference between holding a deed and holding clear title.

Getting the Deed Notarized

Notarization is the step that turns a private document into something the county will record. The notary confirms the grantor's identity with a government-issued ID, watches them sign, and completes the acknowledgment block with their seal and commission expiration.

A few practical notes:

• Bring valid photo ID for every signer.
• Leave the signature line blank until the notary tells you to sign.
• If a signer cannot appear in person, some states now allow remote online notarization (RON) by video, which is worth asking about for out-of-state grantors.
• Confirm the acknowledgment wording matches your state. An out-of-state notary block can cause a rejection.

How to Record the Deed at the County Recorder

Recording puts the transfer into the public record. Until you record, the deed is valid between you and the other party, but the world does not know about it, which creates problems with title searches, lenders, and future sales.

Where and How to File

Take or mail the original, notarized deed to the recorder's office (sometimes called the county clerk or register of deeds) in the county where the property sits. Many counties now accept e-recording through approved submitters, which is faster than mailing.

Recording Fees

Expect a recording fee, commonly $10 to $40 for the first page plus a few dollars for each additional page. Some states, including California, add a small standardized document fee on top.

Documentary Transfer Tax

When money changes hands, many states and counties charge a documentary transfer tax. A common baseline is around $1.10 per $1,000 of the property's value, though cities can layer on their own tax. The deed usually has a declaration where you state the amount due or claim an exemption.

Frequent exemptions include:

• Gifts where no money changes hands
• Transfers between spouses or registered domestic partners, including divorce transfers
• Transfers into a revocable living trust
• Transfers to an entity where ownership does not actually change

You typically have to state the reason for the exemption on the deed. Claiming one you do not qualify for can trigger back taxes and penalties.

Change of Ownership Forms

Many jurisdictions require a companion form so the assessor can decide whether to reassess the property. In California this is the Preliminary Change of Ownership Report (PCOR); other states have their own version. File it with the deed to avoid a follow-up notice and a possible penalty.

Common Mistakes That Get Deeds Rejected

• Using the street address instead of the legal description. The single most common rejection.
• The grantor signing before reaching the notary. The acknowledgment has to be made in the notary's presence.
• Leaving off the return-to and preparer block. Recorders will not process a deed without it.
• Wrong or missing transfer tax declaration. Either amount owed or a valid exemption must appear.
• Skipping required witnesses. In states that mandate them, a notary alone is not enough.
• Assuming the deed removes someone from the mortgage. It does not; you still have to refinance or pay off the loan.
• Never recording the deed. An unrecorded deed sitting in a drawer is a title problem waiting to happen.

After Recording

The recorder stamps the deed with a document number and recording date and mails the original back to the return address. Keep it with your important papers; it is your proof of ownership. Notify your property tax and homeowners insurance providers of the change so bills and coverage follow the correct owner. If a mortgage is still involved, follow through on the refinance or payoff so the debt matches the new ownership.

State practices vary more than most people expect. Requirements in a community property state differ from those in a title-theory state, and even neighboring counties can format things differently. Our breakdown of deeds in Washington State and the guide to the lady bird deed show how much the rules can shift once you cross a state line.

Generate Your Quitclaim Deed with Contractable

A quitclaim deed is short, but the parts that matter, the legal description, the words of conveyance, the notary block, and the transfer tax declaration, have to be exactly right or the county sends it back. Contractable builds a properly formatted quitclaim deed from your details in minutes, with the correct vesting language and the fields your recorder expects, so you can get to the notary and the recorder's office without a second trip.