Quitclaim Deeds by State: Rules, Recording and Transfer Tax

A quitclaim deed transfers whatever interest the person signing it (the grantor) holds in a piece of real estate to someone else (the grantee). It is the deed people use to add or remove a spouse, give a home to a child, move property into their own trust or clear up title after a divorce, because it conveys only what the grantor has and, in most states, promises nothing about whether the title is good.

The word does not mean the same thing everywhere. Massachusetts, New Hampshire and Rhode Island give a statutory quitclaim limited covenants against claims through the grantor, Maine offers a quitclaim "with covenant," South Dakota implies two limited covenants unless the deed restricts them, and in Alabama the words "grant," "bargain" or "sell" carry covenants of title unless the deed clearly shows otherwise. In every state, recording the deed at the county recorder or the state's equivalent office is what protects the new owner against later buyers and creditors, and that office's own forms, cover sheets and fee schedule rule. This page compares the 50 states and DC and explains the federal rules that apply everywhere.

Information last verified between October 8 and October 10, 2026. This article has not been reviewed by a licensed lawyer.

Scope: This page summarizes the quitclaim deed rules in each state guide linked below and the federal rules on mortgages (12 U.S.C. 1701j-3, 12 CFR 191.5, 12 CFR 1024.31), federal gift tax and deed fraud. It is general legal information, not legal advice, and it does not provide a deed form or sample deed language. It does not cover title insurance, individual county fee schedules, lender program rules or federal income tax.

What a quitclaim deed does

A quitclaim passes the grantor's current interest, whatever that turns out to be. If the grantor owns the whole property, the grantee gets the whole property; if the grantor owns a half interest or nothing, that is what the grantee gets. Several states say this in their statutes: Wisconsin's § 706.10(4) says a quitclaim "shall not warrant or imply the existence, quantity or quality of any such interest," and Colorado's statute describes a deed using the word "quitclaim" without words of warranty as "a quitclaim deed without covenants of warranty that passes no after-acquired title of the grantor" (C.R.S. 38-30-113(1)(d)).

Many states give the quitclaim its own short statutory form, among them Alaska, Arizona, Colorado, Florida, Illinois, Minnesota, New York, Ohio, Utah, Washington and Wyoming. Others, including California, Kentucky, Maryland, North Carolina and Vermont, have no separate quitclaim form, and a quitclaim is simply a deed that adds no covenants. In Louisiana, a civil-law state, "quitclaim" is a label from common practice rather than a defined instrument; a transfer of immovable property is made by authentic act or by act under private signature (La. Civ. Code art. 1839).

Where "quitclaim" carries promises

In the New England short-form states the label is misleading if you learned it elsewhere. Under G.L. c. 183, § 11, a Massachusetts deed on the statutory "Quitclaim Deed" form carries covenants that the property is free of encumbrances the grantor made and that the grantor will defend the title against anyone claiming "by, through or under the grantor, but against none other." New Hampshire's form in RSA 477:28 grants the property "with quitclaim covenants," and Rhode Island's quitclaim carries covenants to warrant and defend title against anyone claiming through the grantor (R.I. Gen. Laws 34-11-17).

Maine has two statutory versions in 33 MRSA s.775: a quitclaim deed with covenant, and a quitclaim deed without covenant, also called a release deed. South Dakota's word "quitclaim" implies that the grantor has not already conveyed the same estate and that the estate is free of encumbrances the grantor made or suffered (SDCL 43-25-11). For how these limited promises compare with a full warranty, see quitclaim vs. warranty deed.

Quitclaim deed rules by state

The table gives the short answer for each state. Cells are deliberately brief, and amounts are left to the state guides because fees and rates change. Where a state's rule depends on facts the table cannot capture, the cell points to that state's guide. "Spouse must sign?" means a spouse who may not be on the title; a spouse who is a co-owner of record signs to pass that spouse's own interest.

Signing: notary, witnesses and what the recorder checks

In nearly every state, the grantor signs the deed and acknowledges the signature before a notary public or another authorized officer, and the recording office requires that acknowledgment, or in some states proof of the signature by subscribing witnesses, before it will record the deed. California, for example, will record a quitclaim deed only after the signer acknowledges it, because Gov. Code § 27287 does not let a quitclaim be proved by a subscribing witness instead. In Maryland, a deed takes effect only when it is executed and recorded (RP § 3-101(a)).

A handful of states add witnesses. Florida requires two subscribing witnesses when the grantor signs (s. 689.01), and Connecticut requires a deed to be attested by two witnesses (§ 47-5). South Carolina's Code deed form is valid when executed in the presence of and subscribed by two or more credible witnesses (S.C. Code § 27-7-10), and recording requires a subscribing witness's affidavit, an acknowledgment made in the presence of two witnesses, or another route listed in § 30-5-30. In Louisiana, a gift of land is a donation inter vivos that must be made by authentic act, signed before a notary and two witnesses, "under the penalty of absolute nullity" (La. Civ. Code arts. 1541, 1833). Alabama accepts one attesting witness or an acknowledgment (Ala. Code §§ 35-4-20, 35-4-23).

Recording offices also check the face of the deed. Common requirements include the grantee's mailing address, the name of the person who prepared the deed, a legal description, a parcel number and page margins. A few states now ask for more. Arkansas does not accept a deed filed in person or by mail unless the grantor shows photo identification, with exceptions for deeds presented by attorneys, lenders, title agents and others (Act 752 of 2025). Texas has required anyone presenting a deed in person to the county clerk to show photo identification since December 4, 2025, and since September 12, 2026, an Arizona notary must have the person signing a deed place a right thumbprint in the notary journal (A.R.S. 41-254(C)).

Recording at the county, town, parish or state office

Recording puts the world on notice of the transfer. An unrecorded deed is generally still valid between the grantor and grantee, but a later buyer or lender who has no notice of it and records first can take priority. Maryland goes further, as noted above, and the rule's wording varies; the state guides quote each one.

The recording office is usually a county office, but not always. Connecticut and Vermont record deeds with the town clerk and Rhode Island with the city or town land evidence records. Alaska records with the Department of Natural Resources Recorder's Office by recording district (AS 40.17.020), and Hawaii with the state Bureau of Conveyances in Honolulu (HRS 502-83). Louisiana records with the parish clerk of court, Alabama with the judge of probate, and Florida, Maryland and Virginia with a clerk of court.

Recording fees are set by each state's statutes and, in many states, by county ordinance or local add-ons. Never assume one county's fee or cover sheet applies statewide. Before recording, check the county or town office's current fee schedule and required forms; staff can explain what the office accepts but cannot give legal advice. To search what is already on record, see the property records guides linked from each state page.

Transfer taxes and the forms that go with the deed

A quitclaim is not a way around a transfer tax. Pennsylvania's regulation says a quitclaim "is taxable upon the same basis as another deed if there is an actual conveyance of real estate" (61 Pa. Code § 91.164), and New Jersey's Division of Taxation treats quitclaim transfers as subject to the realty transfer fee unless an exemption applies.

States measure the tax in different ways, which is why a no-money family deed is taxed in some states and not others:

• Taxed on value, even for a gift. Alabama taxes a deed with no sale on actual value, and § 40-22-1(b) has no exemption for gifts, spouses, divorce or a transfer into the owner's own trust. Maine, Nebraska, Vermont and Wisconsin tax a gift on value unless a family exemption applies.
• Taxed on consideration. Many states tax only what is paid. A mortgage balance can count: Florida's documentary stamp tax treats a mortgage on the property as consideration, and New Jersey counts any mortgage balance the transfer is subject to.
• Family exemptions. Common exemptions cover transfers between spouses, between parent and child, under a divorce decree and into the owner's own revocable trust, but each state's list differs, and some require the exemption to be written on the deed.
• No transfer tax. Alaska, Montana, North Dakota, Texas and Utah have no state real estate transfer tax, and several state constitutions bar one. Indiana's Title 6 and Wyoming's Title 39 impose none, Mississippi's Department of Revenue lists none among its taxes, New Mexico's tax chapter has no deed tax article, and Idaho's conveyance and recording statutes impose none.

Even where no tax is due, most states require a return, declaration or value statement with the deed, such as California's Preliminary Change of Ownership Report, Georgia's PT-61, Illinois's PTAX-203, New York's TP-584 and Vermont's PTT-172. The comparison table notes the common ones; the state guides list them all.

Spouses, homesteads and community property

Whether a spouse who is not on the title must sign depends on state law and on how the property is held. Many states require both spouses to sign a deed of a married owner's homestead, sometimes even when one spouse is not on the title: Alabama (§ 6-10-3), Iowa (561.13) and Nebraska (40-104) say so expressly, and Texas bars either spouse from conveying the homestead without the other's joinder (Fam. Code § 5.001).

Community property states require both spouses to join in a deed of community real property, including Arizona (A.R.S. 33-452), California (Fam. Code § 1102), Idaho (32-912), Nevada (NRS 123.230), New Mexico (40-3-13) and Washington (RCW 26.16.030). California and New Mexico both except a conveyance from one spouse to the other. Louisiana requires both spouses to concur to alienate a community immovable (La. Civ. Code art. 2347).

Other states turn on dower or a spouse's rights at death. Ohio still has dower, so a married grantor's spouse commonly signs to release it, and Kentucky keeps dower and curtesy. Where a guide says the answer is unsettled, ask a lawyer licensed in that state before anyone signs.

Property tax after a quitclaim

A deed can change a property's tax treatment, and the change is set by state law, not by the deed. In Florida, a change of ownership can reset the homestead assessment cap, with exceptions that include transfers between spouses (s. 193.155). In Texas, a residence homestead exemption applies only until the property changes ownership, so the new owner has to apply (Tax Code § 11.43(c)). For how homestead exemptions work, see the homestead exemption guide, and check your state guide for reassessment rules.

What a quitclaim deed does not do: the mortgage

A quitclaim deed changes who owns the property. It does not transfer the mortgage: the person who signed the loan still owes it, and a co-borrower who deeds away an interest is still responsible for the loan.

Only the lender can release a borrower. Under 12 CFR 191.5(b)(4), if, before the transfer, the lender and the borrower's prospective successor in interest agree in writing that the successor will be obligated on the loan, the lender waives its due-on-sale option and:

"Upon such agreement and resultant waiver, a lender shall release the existing borrower from all obligations under the loan instruments, and the lender is deemed to have made a new loan to the existing borrower's successor in interest."

Due-on-sale limits for family transfers

A due-on-sale clause gives the lender an option when the property is transferred. Federal law limits when the lender may exercise it. 12 U.S.C. 1701j-3(d) covers loans secured by residential real property "containing less than five dwelling units," and lists transfers such as one "where the spouse or children of the borrower become an owner of the property" and a transfer on the death of a joint tenant or tenant by the entirety.

The regulation adds conditions. 12 CFR 191.5(b) applies "with respect to any loan on the security of a home occupied or to be occupied by the borrower," and:

• protects a transfer where a spouse or child becomes an owner, or a transfer to a spouse under a divorce decree, legal separation agreement or incidental property settlement, only when the new owner occupies or will occupy the property (12 CFR 191.5(b)(1)(v));
• protects a transfer into a living trust only when the borrower "is and remains the beneficiary and occupant of the property," and not if the borrower refuses to give the lender reasonable means of learning of a later transfer of the beneficial interest or change in occupancy (12 CFR 191.5(b)(1)(vi));
• lets the lender enforce the clause if a later event disqualifies a transfer that was protected (12 CFR 191.5(b)(5)).

These limits bar the lender from exercising its due-on-sale option because of the transfer. They do not make the new owner liable on the loan, and they do not release the person who signed it. A lifetime transfer to a sibling, a friend or a business is not among the listed exceptions.

Successors in interest

Federal mortgage servicing rules give a name to the family member who receives a home through these transfers. Under 12 CFR 1024.31, "Successor in interest means a person to whom an ownership interest in a property securing a mortgage loan subject to this subpart is transferred from a borrower," when the transfer is one of the listed kinds, including a transfer to a spouse or children, a transfer on a joint tenant's death, a divorce or separation transfer and a transfer into an inter vivos trust. Questions about assuming or refinancing the loan go to the loan servicer.

Federal gift tax on a quitclaim gift

A quitclaim to a child or anyone else for less than the property's value can be a gift for federal tax purposes. The IRS says: "You make a gift if you give property (including money), or the use of or income from property, without expecting to receive something of at least equal value in return."

• Annual exclusion. "For tax year 2026, the annual exclusion for gifts remains at $19,000." Gifts that are not more than the annual exclusion for the calendar year are not taxable gifts.
• Spouses. Gifts to your spouse are on the IRS list of gifts that are not taxable. For a spouse who is not a U.S. citizen, the IRS says tax-free gifts are limited to an annual exclusion of $194,000 for 2026.
• Who pays. "The donor is generally responsible for paying the gift tax."
• Basis. When you receive property as a gift, the IRS says "your basis in the property is the same as the basis of the donor," which matters when the recipient later sells.

Gift tax return filing and valuation are outside this page; the IRS gift tax pages and a tax professional can address a particular transfer. State transfer tax and federal gift tax are separate questions with separate exemptions.

Deed fraud: federal warnings and state tools

The FTC describes title fraud as a form of identity theft in which someone pretends to be the owner and transfers the deed to someone else, and it warns that homeowners who sign a deed over to a foreclosure-rescue operator are unlikely to get it back. The FBI's Internet Crime Complaint Center warned in June 2026 about criminals impersonating owners of vacant land and noted that "a fictious deed was used to further substantiate the impersonation and convince realtors of the validity of the sale" (PSA I-061626-PSA).

The FBI's advice:

"Check if your County Recorder, Register of Deeds, County Appraisal District, or County Clerk’s Office offer notification services and send an automated email or text when a legal document is recorded using your name."

States are adding their own protections. Every Florida clerk runs a free recording notification service (s. 28.47), California requires each county to have a recorder notification program by January 1, 2027 (Gov. Code § 27297.7), and several states have new deed fraud crimes and civil remedies. Each state guide lists what its law provides.

Quitclaim vs. warranty deed, transfer-on-death deeds and probate

A warranty deed promises that the title is good and that the grantor will defend it; a quitclaim, outside the limited-covenant states above, does not. For when each fits and what title insurance adds, see quitclaim vs. warranty deed.

A quitclaim takes effect during the owner's lifetime. Many states also allow a transfer-on-death deed that passes the property only at death and must be recorded before the owner dies, while others, such as Kentucky and New Jersey, do not; the state guides say which. For property of an owner who has already died, see the probate guide.

Related

• Quitclaim vs. warranty deed
• Probate laws by state
• Homestead exemption laws by state

Disclaimer: This page provides general legal information about quitclaim deeds under the laws of the 50 states and the District of Columbia and under federal mortgage, gift tax and consumer protection rules, as verified between October 8 and October 10, 2026. It is not legal or tax advice and does not provide a deed form. For a specific situation, contact the county recorder or other recording office (which cannot give legal advice), a legal aid office, or a lawyer licensed in your state.

Last updated: 2026-10-10.

Frequently Asked Questions

What is a quitclaim deed?

A quitclaim deed transfers whatever interest the signer has in a property, if any. In most states it makes no promise about the title, but Massachusetts (G.L. c. 183, § 11), New Hampshire (RSA 477:28) and Rhode Island (34-11-17) give a statutory quitclaim limited covenants against claims through the grantor.

How do I file a quitclaim deed?

A quitclaim is recorded, not filed with a court, at the office your state names: usually a county recorder, register of deeds or county clerk, but a town clerk in Connecticut and Vermont, a parish clerk of court in Louisiana, and a state office in Alaska and Hawaii. That office sets its own forms and fees, and most states also require a transfer tax return or value statement with the deed.

Does a quitclaim deed need to be notarized?

Almost every state requires the grantor's signature to be acknowledged before a notary or other officer before the deed can be recorded. A few also require witnesses, such as Florida (two, s. 689.01) and Connecticut (two, § 47-5). See your state guide for the exact rule.

Does a quitclaim deed remove me from the mortgage?

No. The deed changes who owns the property, not who owes the loan. Under 12 CFR 191.5(b)(4), the lender releases the existing borrower when it and the new owner agree in writing, before the transfer, that the new owner will be obligated on the loan.

Can a lender call the loan due after a quitclaim to my spouse or child?

Federal law bars a lender from enforcing a due-on-sale clause over certain transfers of a home the borrower occupies, including a transfer where a spouse or child becomes an owner and occupies or will occupy the home (12 CFR 191.5(b)). The protection can be lost if a later event disqualifies the transfer, and it does not release the borrower from the loan.

Do you pay transfer tax on a quitclaim deed?

It depends on the state. Some tax a gift deed on the property's value (Alabama, Pennsylvania, Vermont), others tax only the price paid, many exempt transfers between spouses or parent and child, and some have no transfer tax at all, such as Texas and Alaska. The comparison table above summarizes each state.

Is a quitclaim deed to my child a taxable gift?

The IRS says you make a gift when you give property without expecting something of at least equal value in return. For 2026, gifts up to the $19,000 annual exclusion per recipient are not taxable gifts, the donor generally pays any gift tax, and the child generally takes the donor's basis in the property.

Does a spouse have to sign a quitclaim deed?

It depends on the state and how the property is held. Many states require both spouses to sign a deed of a homestead or of community property, sometimes even when one spouse is not on the title, so check the spouse column in the table and your state guide.