Choosing the Right Deed: Key Differences Between Quitclaim and Warranty Deeds

BY

Bobbi Pronin

.

May 13, 2024

Two women discussing a document in an office

While both quitclaim deeds and warranty deeds may be used to transfer property from one person to another, there are differences, risks, and benefits to each.

While every state is different, typically quitclaim deeds release an owner’s personal interest in the property without guaranteeing the validity of the title or that there are no liens against it.

Generally, warranty deeds include a guarantee by the grantor that the grantor has legal title to the property and that there are no claims against it.

Quitclaim deeds include less guarantees by the grantor. They are typically used when property is being transferred between family members, for example, and/or when no funds are being exchanged. The risk, of course is that the grantee accepts the property without a guarantee of clear title.

Warranty deeds are more complex and require more research, as title must be verified. But they offer the grantee firm assurance that the property is owned free and clear, with no encumbrances against it.

In short, every transfer of property is different, and every grantee should consider their needs when they are taking ownership of a property. A warranty deed includes more assurances by the grantor. A grantee and/or the status of title would do well to ask for such deed.

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This material is meant for general illustration and/or informational purposes only. Although the information has been gathered from sources believed to be reliable, no representation is made as to its accuracy. This material is not intended to be construed as legal, tax or investment advice. You are encouraged to consult your legal, tax or investment professional for specific advice.  

About Bobbi Pronin

Barbara Pronin is an award-winning writer based in Orange County, Calif. A former news editor with more than 30 years of experience in journalism and corporate communications, she has specialized in real estate topics for over a decade. 

Bobbi is not an employee of Anywhere Integrated Services or affiliated with its title companies.