If you've been told to "just sign a quitclaim deed," it's worth understanding exactly what that does — because a quitclaim is the deed that promises the least. Used in the right situation it's perfectly appropriate. Used in the wrong one, it can leave someone with no protection at all.
What a Quitclaim Deed Actually Does
A quitclaim deed transfers whatever interest the signer (the grantor) has in a property — and nothing more. It makes no promise that the grantor actually owns the property, that the title is clear, or that there are no liens. It simply says, in effect: "Whatever I have in this property, I give to you."
If the grantor owns the property free and clear, the recipient gets good title. If the grantor owns nothing — or owns it subject to a mortgage or lien — that's exactly what the recipient gets, with no recourse.
Quitclaim vs. Warranty Deed
The contrast is the whole point:
- A general warranty deed guarantees the grantor owns the property and will defend the title against any claim — past or present.
- A special (limited) warranty deed — common in Pennsylvania sales — warrants only against problems that arose during the grantor's ownership.
- A quitclaim deed warrants nothing.
In a normal purchase, a buyer wants a warranty deed and title insurance so that if a hidden defect surfaces, they're protected. A quitclaim offers neither.
When a Quitclaim Deed Is the Right Tool
Quitclaim deeds are genuinely useful when the parties know and trust each other and title isn't in question, such as:
- Between family members — gifts or transfers among relatives.
- Adding or removing a spouse — including transferring the home in a divorce.
- Moving property into a trust, an LLC, or a business entity you own.
- Clearing a cloud on title — for example, having someone release a possible interest so the record is clean.
In Pennsylvania, transfers between spouses and between parents and children are also exempt from realty transfer tax, which is one reason quitclaims show up often in family planning.
When Not to Use One
Never take a quitclaim deed when buying property from someone you don't know. Without the seller's warranties and title insurance, you'd have no protection if the title turns out to be defective, or if the "seller" didn't actually own what they conveyed.
Two Cautions Even in the Right Situations
- A quitclaim doesn't erase debts. Mortgages, tax liens, and judgments stay with the property. And the person who signed the mortgage note remains personally liable even after quitclaiming the deed.
- Transferring a mortgaged property can trip a "due-on-sale" clause. There are protected exceptions (such as transfers to a spouse or into your own living trust), but check before you record.
Get the Deed Right the First Time
A deed is one of those documents where a small mistake causes big, expensive problems years later — often when someone tries to sell or refinance. At Ament Law Group, we prepare and record deeds correctly and make sure the transfer actually does what you intend. Call (724) 733-3500 or schedule a free consultation.
Related reading:
- Transferring Your Home to Your Children in Pennsylvania
- Should You Put Your Kids on the Deed?
- Life Estate Deeds in Pennsylvania
- A Title Insurance Guide for Western PA Homebuyers
- Real Estate Law Services
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