Quitclaim deed

Key Takeaways

• A quitclaim deed transfers whatever interest the grantor holds at that moment, which may be full ownership, a partial share, or nothing at all.
• A quitclaim deed carries no warranties, so the grantee has no claim against the grantor if the title turns out to be defective.
• In Washington, a quitclaim deed does not pass after-acquired title unless the deed adds words expressing that intention (RCW 64.04.050).
• Quitclaim deeds are used to clear clouds on title and to move property between spouses or family members, not to sell a home to a stranger.

What It Means

A quitclaim deed conveys whatever interest the grantor holds in a property at the moment of signing, and nothing more. It makes no promise that the grantor owns the property, no promise that the title is clear, and no promise that anyone will defend the grantee when a claim shows up later. If the grantor owned the whole parcel, the grantee receives the whole parcel. If the grantor owned a one-third share, the grantee receives a one-third share. If the grantor owned nothing, the deed is still valid and the grantee receives nothing.

That is why the deed appears in specific situations rather than in ordinary sales. A divorcing spouse quitclaims an interest to the other. Siblings settling an estate quitclaim to the one keeping the house. A neighbor whose old survey hinted at a claim over a boundary strip signs a quitclaim to erase the doubt, which is the standard way to clear a Cloud On The Title. What these have in common is that the grantee already knows the state of the title and is not paying market price for a guarantee. A buyer who is paying market price wants a Warranty Deed instead.

How It Works in Washington

Washington gives the quitclaim deed a statutory form. Under RCW 64.04.050, a deed reciting that the grantor conveys and quitclaims the described real estate is held to be a good and sufficient conveyance, release and quitclaim of all the then existing legal and equitable rights of the grantor in the premises. The same section adds the piece candidates miss: the deed does not extend to after-acquired title unless words are added expressing that intention. If the grantor later inherits or buys back an interest in the same parcel, the earlier quitclaim does not sweep it up.

Two more Washington rules shape how the deed gets used. Recording still governs priority, because an unrecorded conveyance is void against a later purchaser or mortgagee in good faith for value whose conveyance is recorded first (RCW 65.08.070), so a quitclaim sitting unrecorded protects almost nobody. And a Real Estate Excise Tax affidavit is required when ownership or title transfers by conveyance, deed, grant, assignment, quitclaim, or any other document effectuating the transfer (WAC 458-61A-303), with any exemption claimed on the affidavit itself. Set all of that against the statutory warranty deed, which carries covenants that the grantor held an indefeasible estate in fee simple, that the property was free from all encumbrances, and that the grantor will defend the title (RCW 64.04.030). Our 50 WA real estate practice exam questions post puts the two deed types side by side.

Example

Renee and Marcus divorce. Their Everett house appraises at $610,000 and carries a $312,000 balance on a deed of trust they both signed. The decree awards the house to Renee, so Marcus signs a quitclaim deed conveying and quitclaiming all of his interest to her, and it is recorded with the Snohomish County Auditor along with a real estate excise tax affidavit. Marcus is now off the title. He is not off the loan. The quitclaim moved his ownership, not his promise to repay $312,000, and the lender was never a party to the deed. If Renee stops paying, the lender still pursues Marcus and the missed payments still hit his credit. Getting him off the debt takes a refinance in Renee's name alone, not a second deed.

Common Mistakes and Exam Traps

• A quitclaim deed is valid even when the grantor owns nothing. Whether the deed is valid and whether the title is good are two separate questions.
• Signing a quitclaim deed does not remove the grantor from the mortgage or deed of trust. Only the lender can release a borrower from the debt.
• A quitclaim is not a bargain and sale deed and not a special warranty deed. Those carry limited covenants; a quitclaim carries none at all.
• In Washington a quitclaim does not pass after-acquired title unless the deed says so in words (RCW 64.04.050). Assuming it passes automatically is a classic wrong answer.