A quitclaim deed (or quit claim deed) is a document that transfers or conveys any ownership the person making the deed (the grantor) has in the real property (real estate) identified in the deed—but does not guarantee or warrant that the grantor does in fact have any ownership in the real estate, or that the title (ownership) is free from other claims of ownership, such as liens and encumbrances. Because the grantor makes no promises or warranties regarding the quality of the title—whether the grantor has an ownership interest to convey and whether there on liens or encumbrances on the property—it is sometimes called a non-warranty deed. In contrast, warranty deeds do provide such warranties and offer the highest level of protection to the buyer or transferee.
Because quitclaim deeds offer the least amount of protection to the buyer regarding the true ownership (title) of the real property they are often used to transfer title to real estate between family members, or between spouses dividing marital property in a divorce. Quitclaim deeds are also used to cure or fix a defect or cloud in the recorded title history of certain real property—such as a missing signature of a spouse, a failure to properly record or file documents, or a misspelled name. Quitclaim deeds are as effective as warranty deeds, but only if the title is good.
In Maine, a quitclaim deed is a legal instrument used to transfer a grantor's interest in real property without any guarantee of clear title. It conveys whatever interest the grantor may have, which could be none, without assurance that the title is free from other claims. Quitclaim deeds are commonly utilized for transfers between family members, during divorce proceedings to divide property, or to clear title defects such as incorrect documentation or misspellings. They are considered effective in transferring title if the title is indeed good, but they do not offer the buyer the same level of protection as warranty deeds, which assure the grantee of a clear title. It's important for individuals using quitclaim deeds in Maine to understand the potential risks associated with the lack of guarantees on the title.