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 Illinois, 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. It is often used between family members or to clear up title issues. The grantor of a quitclaim deed in Illinois does not guarantee that they hold valid ownership of the property or that the property is free from other claims or liens. Essentially, the grantee receives whatever interest the grantor may have at the time of the transfer, which could be none at all. It is important to note that if the grantor acquires any interest in the property after the quitclaim deed is executed, the grantor retains that interest because it was not owned at the time of the quitclaim deed's execution. Due to the lack of warranties with a quitclaim deed, it is less protective of the grantee compared to warranty deeds. Parties considering a quitclaim deed should consult with an attorney to understand the implications fully and to ensure the deed is properly executed and recorded in accordance with Illinois law.