A quitclaim deed—also known as a quitclaim—is a deed that transfers whatever interest the grantor (purported owner) has in a piece of real property to the grantee (buyer)—but does not represent or warrant that the grantor’s title (ownership) is valid (that the grantor has any ownership interest in it) or free from liens or encumbrances.
A quitclaim deed only purports to convey the grantor’s present interest in the land (if any) and does not purport to convey the land itself. Thus, if the grantor were to acquire an interest in the land after executing (signing) a quitclaim deed, the grantor would retain that interest, as the grantor did not have it at the time the grantor executed the quitclaim deed.
In California, a quitclaim deed is a legal instrument used to transfer a grantor's rights, title, and interest in a property to a grantee, without any warranties of title. The grantor of a quitclaim deed does not guarantee that they hold valid ownership or that the property is free from other claims, such as liens or encumbrances. This type of deed simply conveys whatever interest the grantor may have at the time of the transfer, which could be none at all. It is often used among family members or to clear up title issues. Because quitclaim deeds do not offer the grantee any warranty on the title, they are less protective than warranty deeds. In California, quitclaim deeds must be in writing, signed by the grantor, and should be properly acknowledged before a notary public to be recorded with the county recorder's office where the property is located. It is important for individuals considering a quitclaim deed to understand the implications and the lack of guarantees associated with this type of deed.