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 Indiana, 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 quitclaim deed conveys only the interest the grantor has at the time of the transfer, if any, and does not guarantee that the title is clear of liens or encumbrances. This means that if the grantor does not actually own the property, or if there are issues with the title, the grantee receives no legal recourse against the grantor under the quitclaim deed. Additionally, if the grantor later acquires any interest in the property, that interest remains with the grantor because it was not owned at the time the quitclaim deed was executed. In Indiana, quitclaim deeds must be in writing, signed by the grantor, and notarized. They should also be recorded with the county recorder's office in the county where the property is located to provide notice of the transfer to subsequent purchasers and to maintain a clear chain of title.