Components of a Quit Claim Deed

In order to transfer ownership of real property between parties, a legal document known

as a deed is required. However, there isn’t one standard form of deed in use in the U.S. Multiple

versions of the document have grown up over time in order to best fit particular circumstances.

There are two main types of deed: warranty and quitclaim (which is sometimes referred to as a

quick claim deed or a deed of release). The former type implies certain guarantees by the grantor

to the grantee that his or her title is good; the latter is simply a transference of the grantor’s

interest in the property to the grantee.

Warranty deeds are the most the commonly used form of deed, as they provide legal

protection that the quitclaim deed does not. In situations where a piece of property is being

bought and sold by parties who are unrelated, warranty is necessary to prove that the title is

clear. This means that the seller holds the entire bundle of rights required to own the property in

question. The new title­holder is then assured that his or her purchase is legal, and that they will

be compensated for their losses should a third party make a lawful claim of superior title. In the

case that a seller only warrants partial title of the property, a special or limited warranty deed

may be used.

The quit claim deed, uniquely, warrants nothing. It simply states a transference of the

grantor’s interest in the property at the time. The grantor does not have to guarantee good title, or

any title at all. This makes the quit claim deed a somewhat precarious document. It does,

however, have the advantage of efficiency. Quit claim deed forms come into use when multiple

parties hold interest in a property. For example, during a divorce one spouse may want to “quit

their claim” on a jointly owned marital property. By using a quitclaim deed form, the spouse can

quickly and inexpensively transfer their interest in the property without the hassle of costly

litigation. In this case, the grantee doesn’t need a warranty that the title is clear, because the

grantor is essentially using the quitclaim deed form in order to clear it.

While there are nuances that vary from state to state, the quit claim deed template

consists of the same general components. The deed must identify the names of the parties to the

claim (the grantor and the grantee). It must include statements that the grantor is giving up rights

to the grantee, such as a statement of consideration, a granting clause that includes definite

operative words, and words of inheritance. A description of the land or property being conveyed

must be included, along with its physical address and number of registration. There will also be a

habendum, or a “have and to hold” clause. The quit claim deed template, of course, omits any

statement of the grantor’s warranties. When the deed has been signed and dated, witnessed,

notarized, and (in some states) sealed, it becomes a legal document.