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Quitclaim

A quitclaim deed is a legal instrument in real property law by which a grantor conveys their current interest, if any, in a specified parcel of land or real estate to a grantee, without any representations, covenants, or warranties regarding the validity or quality of the title.^[1] Unlike warranty deeds, a quitclaim deed provides no assurance to the grantee that the grantor holds clear title or that the property is free from liens, encumbrances, or competing claims, thereby offering the buyer minimal protection against future title disputes.^[1] This form of deed operates as a release of the grantor's potential claims or interests, effectively transferring whatever rights the grantor possesses at the time of execution, but nothing more.^[2] Quitclaim deeds trace their origins to English common law, where they served as a simple mechanism to relinquish or "quit" any claim to property, and were imported into American jurisprudence as a standard conveyance tool, with variations by state but consistent core principles across the United States.^[3] They are commonly employed in non-arm's-length transactions, such as transfers between family members, additions or removals of spouses from titles during marriage or divorce, corrections of clerical errors in ownership records, or releases of interests in business entities.^[4]^[5]^[6] Additionally, quitclaim deeds are frequently used to clear potential clouds on title, such as resolving minor boundary disputes or eliminating nominal interests from prior owners, without the need for extensive title searches or negotiations typical of sales to unrelated parties.^[2]^[7] Legally, the execution of a quitclaim deed requires the grantor's signature, often notarization, and recording in the local land records office to provide public notice, though its effectiveness as a transfer depends on state-specific statutes governing real property conveyances.^[8] For example, in Florida, quitclaim deeds executed after October 1, 2024, must include specific statutory language as required by Florida Statutes Section 689.025.^[9] Because it conveys no implied warranties, grantees are advised to conduct independent due diligence, such as obtaining title insurance, to mitigate risks of defective title, and consulting a real estate attorney is recommended to ensure compliance with jurisdictional requirements.^[8] While quitclaim deeds facilitate quick and low-cost transfers, their use in fraudulent schemes, such as deed theft or foreclosure rescues, has prompted warnings from authorities about verifying the grantor's intent and authority; as of April 2025, the FBI has noted a steady increase in quitclaim deed fraud reports.^[10]^[11]

Definition and Characteristics

Core Definition

A quitclaim deed is a legal instrument used to transfer any interest that the grantor possesses in a particular parcel of real property to the grantee, without providing any warranties or guarantees regarding the quality or extent of the title.^[1] This form of conveyance operates solely as a release of the grantor's claim, passing whatever title, interest, or claim the grantor may have at the time of execution, but it does not assure that the grantor holds valid ownership or that the property is free from encumbrances.^[12] The term "quitclaim" derives from the grantor's act of "quitting" or relinquishing their claim to the property, effectively disclaiming any further right or interest in it.^[13] At its core, a quitclaim deed includes essential components such as the identification of the parties involved—the grantor, who is releasing their interest, and the grantee, who receives it—along with a clear description of the property and language expressing the intent to convey the grantor's current interest.^[14] Unlike instruments that aim to transfer full and unencumbered title, a quitclaim deed explicitly conveys only the grantor's existing interest, which may be partial, clouded, or even nonexistent if the grantor holds no valid claim.^[1]

Distinguishing Features

Quitclaim deeds are distinguished by their complete absence of warranties or covenants regarding the quality of the title being conveyed. Unlike other deeds that may include assurances against encumbrances, liens, or prior claims, a quitclaim deed offers no such guarantees, leaving the grantee to accept the grantor's interest as is, without any representation that the title is free from defects.^[1] This lack of protective language is a core operational trait, emphasizing the deed's role in simply transferring whatever present interest the grantor holds.^[3] A key attribute of quitclaim deeds is their simplicity in preparation and execution, which allows for rapid transfers without the need for extensive title searches or detailed representations. These deeds typically require minimal formalities beyond basic identification of the parties and property, making them suitable for scenarios demanding quick action, such as intra-family conveyances or title corrections.^[15] Their straightforward form—often a single page—facilitates efficient recording in public offices, reducing time and cost compared to more elaborate conveyancing instruments.^[16] Quitclaim deeds convey unmarketable title, meaning the grantee receives only the exact interest possessed by the grantor at the time of transfer, potentially including any underlying defects, clouds, or limitations on ownership. This "as is" nature provides no promise of marketable or insurable title, shifting all risk of title issues to the grantee.^[1] As a result, such deeds are not typically used in arm's-length sales where clear title is essential, but rather in trusted relationships where the parties are aware of the potential imperfections.^[17] Commonly, quitclaim deeds incorporate a release clause through operative language such as "remise, release, and quitclaim," by which the grantor explicitly disclaims and relinquishes any further claim or interest in the property.^[18] This phrasing underscores the deed's intent to fully discharge the grantor's involvement, passing solely the current holdings without ongoing liability. Such a clause reinforces the deed's limited scope, ensuring the transfer is final and unencumbered by future assertions from the grantor.

Historical Development

Origins in English Common Law

The quitclaim deed emerged in 13th-century England as a mechanism to release claims to land under the feudal tenure system, where land was held in exchange for services to overlords rather than absolute ownership. In this hierarchical structure, tenants often needed to renounce potential interests to facilitate secure transfers, preventing future disputes from heirs, co-tenants, or creditors. For instance, a circa 1250 quitclaim deed (Ne D 911) from Richard ad Scalarin to William, Lord of Bevercotes, renounced all rights to Bevercotes Park, demonstrating how such instruments reinforced feudal transactions by waiving claims without implying full conveyance of title.^[19] In English common law, quitclaims played a key role in barring or releasing specific interests, such as dower rights—the widow's entitlement to one-third of her husband's land for life—without effecting a complete transfer of property. When a husband sought to alienate land during marriage, the wife typically executed a quitclaim to relinquish her inchoate dower, ensuring the buyer received unencumbered title; this practice became standardized by the late 13th century as courts enforced such releases to uphold transactional certainty. Quitclaims thus served as supplementary assurances in feudal conveyances, often accompanying other deeds to eliminate encumbrances like jointure claims or reversionary interests, though they conveyed no warranties of title.^[20] The Statute of Uses (1535) influenced quitclaim practices by reforming uses—trust-like arrangements that had evaded feudal incidents—merging equitable and legal estates and promoting standardized transfers like bargain and sale, which incorporated release elements akin to quitclaims. This legislation, enacted under Henry VIII to restore crown revenues, indirectly bolstered quitclaims' utility in post-feudal conveyances by clarifying how releases operated without possession, though it did not directly codify them.^[21] Quitclaims as deeds differed from older "quitclaim writs" used in litigation, which were royal orders compelling a party to release a claim in court proceedings, as seen in 12th-century examples from the Dialogue Concerning the Exchequer where writs directed quitclaims of disputed land to resolve escheats or debts. While writs enforced releases judicially under the king's authority, quitclaim deeds were voluntary instruments sealed by the releasor, emphasizing private settlement over coercive litigation in feudal disputes.^[22]

Evolution in American Jurisprudence

Quitclaim deeds entered American jurisprudence through the adoption of English common law in the colonial period, where they functioned to relinquish any existing interest in land without providing warranties of title. This inheritance allowed for straightforward transfers in the context of early land distribution, particularly in grants and settlements. For instance, in 1668, Rehoboth township in colonial Massachusetts recorded a quitclaim deed from Native American sachem Metacom, confirming prior arrangements for approximately eight square miles and 100 acres of land, illustrating their use in resolving territorial claims amid settlement expansion.^[23] Similarly, in the Northwest Territory, French-style quitclaim deeds from colonial settlements were systematically reviewed and validated under emerging U.S. authority by Governor Arthur St. Clair in 1790, with over 1,300 such instruments processed to legitimize property holdings.^[23] During the 19th century, quitclaim deeds underwent standardization across states through the proliferation of recording acts, which mandated public registration to establish deed priority and protect against fraudulent conveyances. Massachusetts, building on its pioneering 1640 statute requiring acknowledgment and timely recording of deeds like bargains, sales, and grants, refined these laws to address growing land transactions, ensuring quitclaims were enforceable only upon proper filing.^[24] New York followed suit with its 1683 recording act, which evolved in the 19th century to support a burgeoning real estate market, applying equally to quitclaim deeds and emphasizing their role in clear title chains without implied covenants.^[23] These statutes marked a shift from ad hoc colonial practices to a more uniform system, reducing disputes in rapidly developing regions. Frontier land laws further shaped quitclaim usage by necessitating rapid title resolutions in public domain acquisitions. The Homestead Act of 1862, which enabled settlers to claim up to 160 acres of federal land after five years of residency and improvement, often involved quitclaims to release prior or competing interests, streamlining transfers and clearing encumbrances in unsettled territories.^[25] This facilitated efficient settlement, as quitclaims provided a low-risk mechanism for relinquishing claims without extensive title searches, aligning with the Act's goal of democratizing land ownership. In the 20th century, efforts to refine quitclaim practices focused on uniform legislation to modernize conveyancing. The Uniform Simplification of Land Transfers Act, promulgated in 1977 by the National Conference of Commissioners on Uniform State Laws, sought to standardize deed forms and procedures, including quitclaims, by simplifying recording requirements and enhancing marketability of titles, though it achieved no adoptions due to resistance from established interests.^[26] These initiatives reflected ongoing adaptations to support efficient property transfers in an industrialized economy.

Legal Framework in the United States

Formation and Execution Requirements

A quitclaim deed must be executed as a written instrument to be legally valid under United States law, clearly identifying the grantor, grantee, and the property being transferred through a precise legal description, such as metes and bounds or reference to a recorded plat.^[15]^[27] The document typically includes a statement of consideration, which may be nominal—such as "$10 and other valuable consideration" or "for love and affection"—even if no actual payment occurs, as required by statutes in most jurisdictions to indicate the transfer's intent.^[15]^[27] The grantor's signature is essential to effectuate the conveyance, while the grantee's signature is generally not required.^[15]^[27] Execution further demands notarization by a public notary to authenticate the grantor's signature and prevent fraud, a requirement upheld in nearly all states.^[15]^[27] Witnessing rules vary by state; for instance, Florida mandates the presence and signatures of two disinterested witnesses alongside notarization, as stipulated in Florida Statutes § 689.01, which applies to all conveyances including quitclaim deeds.^[28] In contrast, states like Ohio may not require witnesses but still necessitate notarization.^[15] To establish public notice and priority against subsequent claims, the executed quitclaim deed must be recorded with the county clerk, recorder, or register of deeds in the jurisdiction where the property is located, often accompanied by filing fees that differ by locality.^[15]^[27] State-specific variations influence formatting and submission; for example, Missouri requires deeds to be on watermark-free paper with the grantee's address on the first page, while Indiana mandates a perjury declaration.^[15] Many states permit electronic filing of quitclaim deeds under the Uniform Electronic Transactions Act (UETA), adopted in 49 jurisdictions, which grants electronic records and signatures equivalent legal effect to paper originals for such transactions, provided parties consent and the record is retrievable.^[29] This facilitates remote execution while maintaining validity, though some localities impose additional standards for electronic recording.^[29]

Legal Effects and Transfer of Interest

A quitclaim deed in United States law transfers only the grantor's current possessory interest in the property, if any, to the grantee, without any representation or guarantee regarding the extent or validity of that interest.^[30] This conveyance operates as a release by the grantor of whatever right, title, or claim they hold at the time of execution, effectively estopping the grantor from subsequently asserting any ownership or interest in the property against the grantee.^[31] The doctrine of estoppel by deed ensures that the grantor cannot deny the transfer's effect, promoting finality in property transactions, though this protection applies solely to the interest purportedly conveyed and does not extend to after-acquired title under a standard quitclaim.^[32] Unlike deeds containing covenants of title, a quitclaim deed includes no implied or express warranties, such as seisin, right to convey, or freedom from encumbrances, leaving the grantee exposed to potential title defects or superior claims by third parties.^[33] The grantee assumes the risk of any flaws in the grantor's title, and absent supplemental assurances like title insurance or separate affidavits, the grantee has no recourse against the grantor for eviction or loss due to undisclosed liens, easements, or prior conveyances.^[30] This lack of covenants makes quitclaim deeds unsuitable for arm's-length sales where title security is paramount, as they prioritize simplicity over protection. Upon recording in the public records, a quitclaim deed impacts the chain of title by providing constructive notice to subsequent purchasers and creditors of the grantor's release of interest, thereby breaking the grantor's link in the ownership sequence.^[34] However, it does not validate or cure preexisting defects in the title chain, such as unrecorded prior interests or forgeries, and title insurers often view recorded quitclaims as potential red flags requiring further investigation.^[34] Quitclaim deeds carry specific tax and probate implications, particularly in estate planning contexts. By transferring property inter vivos, a quitclaim can avoid probate proceedings upon the grantor's death, as the asset is no longer part of the estate subject to court administration.^[35] Tax-wise, such transfers are typically treated as gifts by the IRS if made without consideration, potentially triggering federal gift tax liability for the grantor if the property's fair market value exceeds the annual exclusion amount ($19,000 per recipient as of 2025), though the lifetime exemption may apply.^[35]^[36] Additionally, the grantee's basis in the property remains the grantor's original cost basis rather than a stepped-up basis at death, which could result in higher capital gains taxes upon future sale compared to inheritance through probate or a will.^[35]

Comparisons with Other Property Deeds

Versus Warranty Deeds

A warranty deed provides the grantee with comprehensive protections through six standard covenants of title: the covenant of seisin (affirming the grantor's current ownership), the covenant of the right to convey (ensuring the grantor has authority to transfer the property), the covenant against encumbrances (guaranteeing no undisclosed liens or claims), the covenant of quiet enjoyment (promising undisturbed possession), the covenant of warranty (allowing defense against title defects), and the covenant of further assurances (committing to future actions to perfect title).^[37] In stark contrast, a quitclaim deed contains none of these covenants, conveying only whatever interest—if any—the grantor currently holds without any assurances regarding the property's title history or condition.^[38] The suitability of each deed type aligns with the level of trust and risk in the transaction. Warranty deeds are preferred for arm's-length sales between unrelated parties, particularly when title insurance is involved, as they offer robust safeguards against potential title issues that could arise post-transfer.^[39] Quitclaim deeds, however, are better suited for transfers among known parties, such as family members or in divorce settlements, where the grantor and grantee share confidence in the title and no disputes are anticipated.^[38] If title defects emerge, the legal remedies differ significantly. Under a warranty deed, the grantee may sue the grantor for breach of covenant, seeking damages, rescission, or other relief to address losses from encumbrances or ownership challenges.^[39] A quitclaim deed provides no such recourse against the grantor, leaving the grantee to resolve any title problems independently, often through separate title insurance or litigation against third parties.^[38] In the U.S. real estate market, warranty deeds predominate in financed purchases, comprising the most common deed type for standard home sales where lenders require clear title assurances.^[40] According to the National Association of Realtors, general warranty deeds are used in the majority of home transactions to provide the highest level of buyer protection.^[41]

Versus Bargain and Sale Deeds

A quitclaim deed transfers whatever interest the grantor may have in the property without any warranties, covenants, or assurances of title validity or right to convey, explicitly disclaiming such guarantees.^[7] In contrast, a bargain and sale deed implies that the grantor possesses title to the property and holds the right to convey it, incorporating a covenant of seisin as a basic assurance.^[42] However, this implication does not extend to warranties against encumbrances, liens, or title defects arising before the grantor's ownership.^[43] Bargain and sale deeds exist in two primary forms: without covenants, which provide only the minimal seisin implication and are thus closer in effect to a quitclaim deed despite the affirmative claim of title; and with covenants, which add explicit protections such as against the grantor's own acts or encumbrances during their tenure, offering assurances more akin to a special warranty deed.^[44]^[45] The "with covenants" variant enhances buyer protection by including statutory or specified guarantees, while the plain form limits liability to the grantor's representations.^[46] In practice, bargain and sale deeds are frequently used in formal contexts such as foreclosures, tax sales, and estate settlements where the grantor's title is presumed valid but unverified against prior claims.^[43] Quitclaim deeds, by comparison, serve informal purposes like releasing potential interests in family disputes or boundary adjustments, avoiding any implication of ownership.^[7] Jurisdictional variations exist; for instance, in states like New York, plain bargain and sale deeds are common and often treated equivalently to quitclaims in lacking substantial warranties beyond seisin, while in others like Maine, quitclaim forms may incorporate limited covenants by statute.^[46]^[7]

Practical Applications

Use in Family and Divorce Transfers

Quitclaim deeds are frequently employed in divorce settlements to enable one spouse to release their interest in jointly held real property, thereby transferring sole ownership to the other spouse as part of the equitable distribution of marital assets.^[47] This mechanism simplifies the division of assets by clarifying title without the need for extensive title searches or warranties, allowing the receiving spouse to retain the property free from the grantor's claims.^[48] In such transfers, the quitclaim deed effectively severs the grantor's spousal interest, which can include releasing dower rights in states where they still apply or relinquishing community property entitlements in applicable jurisdictions, ensuring the property becomes the separate asset of the awarded spouse.^[49] Beyond divorce, quitclaim deeds play a key role in family transfers for estate planning purposes, such as when parents gift property to children to facilitate smoother inheritance and bypass probate proceedings.^[50] By executing a quitclaim deed during the grantor's lifetime, the property interest is conveyed directly, avoiding the delays and costs associated with probate court validation of wills or estates.^[51] These transfers are particularly advantageous when the property value falls within the annual federal gift tax exclusion, which stands at $19,000 per recipient for the 2025 tax year, allowing the gift to proceed without triggering gift tax reporting or liability.^[52] U.S. family court precedents underscore the utility of quitclaim deeds in achieving equitable outcomes during marital dissolutions. For instance, in Harvey Dalton v. Linda Jane Faasen Dalton (Tenn. Ct. App. 2006), the court upheld a quitclaim deed executed by the husband as converting the marital home into the wife's separate property, supporting the divorce decree's distribution plan.^[49] Similarly, in In re Marriage of Perales (Kan. 2020), the Kansas Supreme Court affirmed the use of a quitclaim deed to transfer property interests, emphasizing its role in ensuring a just division without necessitating equal splits.^[53] These cases illustrate how quitclaim deeds streamline family law proceedings by providing a straightforward tool for reallocating property rights while aligning with principles of fairness.

Role in Real Estate and Business Transactions

Quitclaim deeds play a significant role in real estate transactions by facilitating the quick correction of title errors without the need for extensive warranties or guarantees. For instance, they are commonly employed to rectify clerical mistakes in prior deeds, such as misspelled names or incorrect legal descriptions, allowing parties to update records efficiently while transferring only the grantor's existing interest.^[54] Similarly, quitclaim deeds are used to add an omitted spouse to the title, enabling the inclusion of a co-owner who was unintentionally excluded from an earlier conveyance, thereby clarifying ownership without implying any title assurances.^[55] In business transactions, quitclaim deeds support corporate restructurings by enabling the transfer of commercial property interests during mergers or dissolutions. During mergers, they allow entities to convey partnership or entity-held property interests to the acquiring company swiftly, often as part of asset allocation, though they are generally avoided when stronger title protections are desired due to the lack of warranties.^[56] In dissolutions, such as those of partnerships or LLCs, quitclaim deeds facilitate the division and transfer of real property among former owners or successors, ensuring a clean release of interests without encumbrances from the grantor.^[57] Quitclaim deeds are particularly valuable in distressed real estate scenarios, including short sales and real estate owned (REO) properties, where expediting the clearance of title clouds is essential. In short sales, sellers may execute a quitclaim deed to release their interest to the buyer or lender, helping to resolve potential liens or disputes rapidly and facilitate the transaction's closure.^[58] For REO properties—those repossessed by lenders after foreclosure—quitclaim deeds are often utilized to transfer title from the foreclosing entity to a new owner, clearing any residual claims and streamlining the resale process.^[59] To mitigate the risks inherent in their no-warranty nature, quitclaim deeds in investor-driven transactions, such as property flips, are frequently integrated with title insurance policies. Investors commonly pair a quitclaim transfer—used for quick entity-to-entity moves—with a new owner's title insurance policy to protect against undisclosed title defects, ensuring coverage for potential claims despite the deed's limitations.^[60] This combination allows for efficient flips while providing financial safeguards, as the insurance compensates for losses from title issues not warranted by the deed itself.^[61]

Risks and Considerations

Limitations Due to No Warranties

One of the primary limitations of quitclaim deeds arises from their complete absence of warranties, leaving the grantee exposed to undisclosed encumbrances such as liens, easements, or claims of adverse possession that may surface after the transfer. Unlike warranty deeds, which assure the grantor has clear title and defend against defects, a quitclaim deed merely conveys whatever interest the grantor possesses—if any—without guaranteeing the property is free from prior obligations or third-party rights. For instance, if an undisclosed judgment lien exists from the grantor's past debts, the grantee inherits the liability, potentially facing foreclosure or forced payment to clear the title. Similarly, hidden easements granting others access to the property or adverse possession claims by long-term occupants can undermine the grantee's expected ownership without recourse to the grantor.^[62] This lack of protective covenants also means the grantee cannot rely on the grantor for defense against third-party challenges to the title. In a quitclaim transfer, the grantor provides no indemnity or obligation to cover legal costs if disputes arise over prior claims, forcing the grantee to litigate independently or accept diminished property rights. Courts have consistently held that quitclaim deeds do not imply any promise of marketable title, shifting the full burden of verification and resolution onto the grantee. As a result, the grantee assumes all risks associated with potential title imperfections, with no mechanism to hold the grantor accountable for omissions.^[63] Financially, these limitations often impose higher costs on the grantee, who must proactively conduct thorough title searches and pursue curative actions to mitigate risks not covered by the deed. Without the assurances of a warranty deed, grantees frequently incur expenses for professional title examinations, legal opinions, or even quiet title lawsuits to resolve encumbrances, which can total thousands of dollars depending on the complexity. For example, discovering an undisclosed lien post-transfer may require negotiating payoffs or filing affidavits of heirship, adding to closing delays and overall transaction expenses. Title insurance, while available separately, does not retroactively protect against the deed's inherent vulnerabilities and must be obtained at the grantee's cost.^[64]^[65] Overall, the no-warranty structure of quitclaim deeds heightens the potential for costly title disputes, as evidenced by common legal challenges stemming from incomplete transfers, though empirical data on litigation frequency remains limited in public real estate analyses. Grantees are advised to complement quitclaim deeds with independent due diligence to avoid these pitfalls.^[66]

Potential Title and Dispute Issues

One significant risk associated with quitclaim deeds is the emergence of title defects after the transfer, where the grantee discovers issues that the grantor did not warrant against. For instance, unrecorded heirs may later assert claims to the property if the grantor did not hold full ownership, as seen in heir property disputes where partial interests are conveyed without all parties' involvement.^[67] Similarly, fraudulent prior conveyances can surface, such as forged deeds in the chain of title, leaving the grantee vulnerable to challenges from prior owners or lienholders.^[68] In recent years, quitclaim deeds have been increasingly exploited in fraud schemes, including deed theft where scammers forge signatures or use AI-generated documents to transfer property without the owner's knowledge. As of 2025, authorities have issued warnings about such scams, with cases reported in states like Florida, New Hampshire, and New York, where new laws enable indictments for deed fraud. For example, in May 2025, a Florida man was sentenced for a quitclaim fraud scheme involving $827,000 in illicit mortgages, and New York's Attorney General announced the first indictments under expanded deed theft statutes in August 2025. Homeowners are advised to monitor property records regularly and consider fraud alerts or title monitoring services to detect unauthorized filings promptly.^[69]^[70]^[71] Disputes often arise from boundary disagreements or challenges by co-owners, prompting the need for quiet title actions to resolve competing claims and establish clear ownership. In such scenarios, a grantee holding a quitclaim deed may face litigation if boundaries are ambiguous or if co-owners contest the transfer's scope, requiring court intervention to "quiet" the title by removing clouds on ownership.^[72] For example, in Felix v. Patrick, 145 U.S. 317 (1892), the U.S. Supreme Court addressed a quiet title suit involving a quitclaim deed alleged to be fraudulent, ultimately voiding it to protect the true owner's interest.^[68] To mitigate these issues, grantees can employ supplemental affidavits to clarify or correct minor defects, such as name discrepancies or marital status affirmations, which help support the title's validity without altering the original conveyance.^[73] Alternatively, executing a subsequent warranty deed from the original grantor can provide the necessary assurances of clear title, effectively curing prior uncertainties by adding covenants against defects.^[74] U.S. legal precedents under marketable title statutes highlight instances where quitclaim deeds fail scrutiny, as they do not inherently provide marketable title free from reasonable doubt. In states like Florida, the Marketable Record Title Act (Chapter 712, Fla. Stat.) allows quitclaim deeds to serve as a root of title but does not cure inherent defects, such as those from omitted heirs or void prior instruments, leading courts to uphold challenges in quiet title proceedings.^[67] For example, cases interpreting the Act have ruled that quitclaims cannot extinguish claims predating the root if the conveyance itself is flawed, emphasizing the need for additional verification to achieve marketability.^[75]

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The after-acquired title doctrine generally does not apply when a seller receives title by quitclaim deed. A deed conveying property must explicitly state ...
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https://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=4638&context=mulr
[32]
https://www.law.cornell.edu/wex/after-acquired_title
[33]
Can My Dad Quitclaim Property to Me Instead of Leaving It by Will?
May 21, 2024 · Yes, a father can quitclaim property to his child, but it may not be financially wise due to tax implications. The tax basis is different for ...Missing: implications | Show results with:implications
[34]
Deeds (Types: General Warranty, Special Warranty, Quitclaim)
Covenant of Seisin: The grantor promises they own the estate in question and have the right to convey it. Covenant of Right to Convey: The grantor assures that ...
[35]
Quitclaim Vs. Warranty Deed: What's The Difference? | Bankrate
May 26, 2023 · A quitclaim deed is ideal for situations involving only transfer of ownership between parties that explicitly trust one another and have no doubts about the ...What is a quitclaim deed? · Warranty deed vs. quitclaim...
[36]
Warranty Deed vs. Quitclaim Deed - SmartAsset.com
Jan 31, 2022 · A warranty deed can be used for most property transfers. A quitclaim deed can transfer ownership to a specific, trusted person.How Deeds Work · What Is A Quitclaim Deed? · What Is A Warranty Deed?<|separator|>
[37]
Leveraging Real Estate Deed Data for Market Analysis - Attom Data
Mar 26, 2025 · The most common type of deed is a “general warranty deed,” which is intended to protect the buyer by ensuring the property is unencumbered and ...Missing: ALTA | Show results with:ALTA
[38]
Consumer Guide: Deeds and Titles
However, most home sales use general-warranty deeds, which provide the highest level of protection for buyers. This type of deed guarantees the buyer full legal ...Missing: percentage | Show results with:percentage
[39]
Warranty, Bargain + Sale & Quitclaim Deeds - Sivia Law
Aug 23, 2021 · The difference between the quitclaim deed and the bargain & sale deed is that there is not even an implication in the quitclaim deed that the ...
[40]
Bargain and Sale Deeds | Real Estate Exam - PrepAgent.com
A bargain and sale deed includes a warranty that the grantor has title to the property but does not guarantee that the property is free of claims.<|control11|><|separator|>
[41]
Getting to Know Your Bargain and Sale Deed - LegalZoom
Rating 4.6 (25,292) Feb 14, 2023 · Such deeds are most commonly used in Colorado, New York, Vermont, Washington, and Wyoming. In such a transaction, you need to understand the ...Missing: equivalent | Show results with:equivalent
[42]
How Does a Bargain and Sale Deed Work? | Trust & Will
A bargain and sale deed transfers property with the seller as sole owner, but no guarantees against claims. The buyer takes on possible liabilities.
[43]
What Is A Bargain And Sale Deed? - Bankrate
Aug 7, 2023 · In some states, like Maine and Massachusetts, quitclaim deeds with warrants are the typical instrument for transferring real estate, Maguire ...
[44]
Checklist: What to Do After a Divorce - FindLaw
____ Execute a quitclaim deed to transfer title to real property or real estate to reflect the correct spouse as the primary homeowner, as required by the ...
[45]
Understanding the Use of Quitclaim Deeds in Divorce - LegalZoom
Rating 4.6 (25,364) Apr 22, 2025 · A quitclaim deed is used in a divorce to change joint ownership into sole ownership. It transfers sole title to the party who is awarded that property.
[46]
[PDF] Harvey Dalton v. Linda Jane Faasen Dalton
After the wife found out that her husband had quit one of his jobs, he executed a quitclaim deed conveying his interest in their house to the wife. When they ...
[47]
Quit Claim Deed Loopholes: How to Avoid Probate - Trust & Will
A quitclaim deed can be used to avoid probate by transferring interest in real property before someone's death.
[48]
What to Do When a Quitclaim Deed Is Challenged - LegalZoom
Rating 4.6 (25,412) Nov 20, 2024 · Family members may also use a quitclaim deed to avoid probate court by transferring an interest in real property before someone's death. In ...
[49]
Gifts & Inheritances 1 | Internal Revenue Service
Jan 2, 2025 · No, but your mother may be required to report this transaction to the IRS as a taxable gift. Generally, the transfer of any property or ...
[50]
Case 120306: In re Marriage of Perales - KS Courts
Mar 27, 2020 · 1. The division of property in a divorce must be equitable but need not be equal. 2. An appellate court reviews the division of property ...
[51]
Understanding the Mechanics of a Quitclaim Deed in Florida
Nov 13, 2023 · A quitclaim deed simply states that the seller transfers any ownership interest they have to the buyer. In a quitclaim deed transfer, the ...Missing: etymology | Show results with:etymology
[52]
Amending Title By Adding or Removing a Spouse - Gateville Law Firm
Mar 9, 2023 · A Quit Claim Deed differs from a warranty deed because no warranty is attached to a quit claim deed. This means the grantor transfers whatever ...
[53]
[PDF] Real Estate Considerations In M&A Transactions - Arnold & Porter
Oct 31, 2013 · Quitclaim deeds are not commonly used and should be avoided by the acquiror. Property Taxes, Reassessment. In California, owned real ...<|separator|>
[54]
Be Careful When Transferring Real Property To Your LLC
Mar 31, 2021 · Second, transferring the property by a statutory warranty deed instead of a quit claim deed may have solved the issue in the Pak's case.Missing: dissolutions | Show results with:dissolutions
[55]
Wisconsin Real Estate Magazine: Title Tips for Distressed Sales
Sep 6, 2011 · The sheriff's deed is not a warranty deed – it is in essence a quitclaim deed. The sheriff's deed passes the former owner's title after barring ...Short Sales · Filling The Short Sale Gap · Deeds In Lieu Of Foreclosure
[56]
Deed in Lieu of Foreclosure vs. Short Sale - Rocket Lawyer
Sep 22, 2022 · With a deed in lieu of foreclosure, the property owner deeds the property to the lender in exchange for the lender canceling the mortgage loan.
[57]
Title Insurance for a Quitclaim Deed? - Lulich & Attorneys
In many cases, title insurance is not transferrable. Generally, new owners can purchase title insurance for property transferred through a quitclaim deed.Missing: integration investor flips
[58]
Quit Claim Deed Of Property May Adversely Affect Title Insurance
However, once a loan is closed, investors typically use a Quit Claim Deed to move title into an entity with some form of liability protection. What is the ...
[59]
Residential Real Estate FAQs - American Bar Association
A quit claim deed contains no warranties of any kind and conveys only the interest, if any, held by the grantor (for example, if the grantor actually had no ...
[60]
[PDF] Formalities and Requisites of a Deed in Kentucky - UKnowledge
That case says that the dis- tinguishing characteristic of a quitclaim deed is that it conveys the grantor's title in the property, rather than the property ...
[61]
Quitclaim Deed Risks and How Legal Counsel Can Help
May 9, 2024 · The primary risk associated with accepting a Quit Claim Deed is that you, as the grantee, have no legal recourse if there are any outstanding liens, ...
[62]
MSU Extension releases MontGuide on quitclaim deeds
Jan 22, 2021 · A quitclaim deed is a legal form that allows an owner to transfer real property, like land or buildings, to a grantee, who then holds the title to the property.Missing: definition | Show results with:definition
[63]
Lawsuits Involving Quitclaim Deeds - Adam Law Group
Feb 22, 2019 · An individual who signs a quitclaim deed transfers whatever interest that person has in the property to another individual. Unfortunately, given ...
[64]
The Marketable Record Title Act Made Easy - The Florida Bar
Specifically, a quit claim deed can be a document that conveys title, or it can be used for other purposes. The public records are replete with quit claim deeds ...
[65]
Felix v. Patrick | 145 U.S. 317 (1892)
... quitclaim deed be declared fraudulent and void, and a cloud upon plaintiff's title. and be cancelled; that the act of Congress confirming Patrick's title to ...
[66]
Quiet Title Action Explained: Purpose, Benefits, and Costs
Aug 28, 2025 · A quiet title action provides a legal avenue to resolve property disputes by clarifying ownership and removing competing claims. This action can ...
[67]
[PDF] How They Affect Title, How They Can Be Removed (00641777).DOCX
A mistake in the name of a party to the deed may be proven by an affidavit made at the time of changing the deed to correct the mistake. Often affidavits or a ...Missing: supplemental | Show results with:supplemental
[68]
Marketable Title and Deeds - Law Schoolers
Feb 19, 2024 · The default rule is that the buyer has an implied right to marketable title. That is, the title of the land is marketable, free of defects at the time of ...
[69]
[PDF] Marketable Record Title Act: Wild, Forged, and Void Deeds as the ...
Defendants relied upon the 1912 quitclaim deed as root of title. ... If the principal decision had refused to apply the Marketable Record. Title Act to a void ...