When transferring real estate, the type of deed you use matters — it determines not only how ownership changes hands but also what assurances the new owner receives about the property’s title. Two of the most common deed types are the Quitclaim Deed and the Warranty Deed. While both can transfer property, they offer very different levels of protection and are best suited for different situations.
What Is a Quitclaim Deed?
A Quitclaim Deed transfers whatever ownership interest the grantor (seller or giver) has in a property — if any — without any warranties or guarantees about the title. The grantor is essentially saying, “I give up any interest I have in this property, but I’m not promising that I actually own it free and clear.”
Key Characteristics:
- No warranties or guarantees about ownership or title.
- Transfers only the interest the grantor currently holds.
- Often used in situations where the parties know each other and trust is already established.
- Quick, simple, and inexpensive to prepare.
Common Uses:
- Transferring property between family members (e.g., adding a spouse to title after marriage).
- Removing a spouse from title after divorce.
- Correcting an error in a previous deed (such as a misspelled name).
- Transferring property to a trust or business entity you own.
What Is a Warranty Deed?
A Warranty Deed transfers ownership with guarantees from the grantor that:
- They own the property.
- The title is clear of liens or claims (unless stated otherwise).
- They will defend the title against any future challenges.
There are two common types:
- General Warranty Deed – The grantor guarantees the title against any defects, even those arising before they owned the property.
- Special Warranty Deed – The grantor guarantees the title only against defects that occurred during their ownership.
Key Characteristics:
- Provides the highest level of buyer protection.
- Requires the grantor to defend the title if someone challenges it.
- Often used in traditional real estate sales.
Common Uses:
- Selling property to an unrelated buyer in an arms-length transaction.
- Transferring property in commercial real estate deals.
- Any sale where the buyer requires assurance of clear title.
Choosing between a Quitclaim Deed and a Warranty Deed isn’t just a legal formality; it determines the level of legal protection a buyer receives and the obligations a seller assumes.
When to Use Each
- Use a Quitclaim Deed when:
- You trust the other party and don’t need title assurances.
- The transaction is for estate planning, divorce, or internal ownership restructuring.
- You’re fixing an existing title record without involving a sale.
- Use a Warranty Deed when:
- You’re selling property to a third party.
- The buyer needs title protection for financing or peace of mind.
- You want to provide full legal assurances about the property’s ownership.
At Abstract Authority, we specialize in detailed ownership and lien reports that go beyond a basic title search. Whether you’re preparing to use a Quitclaim Deed in a family transfer or a Warranty Deed in a property sale, our reports give you a clear picture of:
- Current ownership status
- Outstanding mortgages or liens
- Judgments or claims against the property
- Gaps or breaks in the chain of title
This information helps you:
- Avoid buying property with hidden problems.
- Confirm clear title before closing.
- Make informed decisions about which deed type is safest for your transaction.