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Home Q&A Forum Pros and cons of using a quitclaim deed?

Real Estate

Quitclaim Deed


Asked on Oct 4, 2023

Pros and cons of using a quitclaim deed?

I recently inherited a property from a family member, and I am trying to figure out the best way to transfer the title of ownership to me. I have heard of quitclaim deeds, and I am interested in learning more about the benefits and drawbacks of using a quitclaim deed to transfer the title of ownership.

1 Attorney answer


Real Estate


Answered 235 days ago

Michael C.

ContractsCounsel verified

Business Lawyer
Licensed in Minnesota
Free Consultation

Here are some of the main pros and cons of using a quitclaim deed: Pros: - It's a relatively quick and easy way to transfer property title. The process is simpler than other deed types because no warranty of title is provided. - It can help avoid probate if transferring title from a deceased owner. The property can be transferred without going through probate court. - It's generally less expensive than other deeds. A quitclaim deed is usually considered the simplest and cheapest deed option. - It clears up potential title clouds. It can resolve ambiguities in the property's title history. Cons: - It provides no warranty of title. The person transferring the property does not guarantee they actually own the property. - No liability protection for the recipient. If there are defects in the property title, the recipient has no legal recourse against the grantor. - It may not transfer all interests. Mineral rights, easements, mortgages, and other encumbrances may still exist after the transfer. - The grantor must have valid interest to quitclaim. If the grantor doesn't actually have rights to the property, the deed may be void. - It can facilitate fraud if misused. Care should be taken that the grantor has rights to the property. In summary, a quitclaim deed can be a fast and low-cost option to transfer property title, but provides less protection than other deeds. It's important to be sure the grantor has valid rights to avoid potential title issues. Consulting a real estate attorney can help navigate the pros and cons.

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