Transferring a property title may seem like a simple, routine process—but choosing the wrong type of deed can expose you to legal risks, future disputes, and even potential financial loss. When it comes to real estate, two of the most commonly misunderstood title transfer tools are the Quitclaim Deed and the Warranty Deed. Although they may appear similar, their legal protections are dramatically different.

Understanding the difference between a quitclaim and warranty deed is essential whether you’re transferring property to a family member, buying a home, settling an estate, or resolving ownership issues. This guide breaks down how each deed works, when to use them, the risks involved, and the protections each one offers.

What Is a Property Deed?

A property deed is a legal document used to transfer ownership of real estate from one person (the grantor) to another (the grantee). It outlines:

• Who currently owns the property

• Who is receiving ownership

• What rights and interests are being transferred

• Any legal guarantees or lack thereof

Different deeds offer different levels of protection. Some include strong guarantees to protect the new owner, while others provide no protection at all.

This is why choosing between a Quitclaim Deed and a Warranty Deed is crucial.

1. What Is a Quitclaim Deed?

A Quitclaim Deed transfers whatever interest the grantor may have in the property—but with zero guarantees.

Key Features

• No promise that the grantor owns the property

• No protection against title defects

• No assurance that the title is free of liens

• No legal responsibility for past ownership issues

A quitclaim deed is essentially a “whatever interest I have, I transfer to you—if any” document. It is the most bare-bones way to transfer property.

When Quitclaim Deeds Are Commonly Used

Quitclaim deeds are typically used when the transfer is based on trust rather than a sale:

• Between family members

• Adding or removing a spouse from the title

• Transferring property in divorce settlements

• Correcting errors on an existing deed

• Moving property into a trust or business entity

• Clearing up title issues

Quitclaim deeds are rarely used for traditional home sales because they offer little to no protection to the buyer.

2. What Is a Warranty Deed?

A Warranty Deed, on the other hand, offers the highest level of buyer protection in real estate transactions.

Key Features

• Guarantees the seller owns the property

• Guarantees the title is free of liens or claims

• Protects the buyer from past title disputes

• Legally requires the seller to defend the title

• Provides “warranties” or promises that the property is legally transferable

Warranty deeds are the gold standard for real estate purchases.

When Warranty Deeds Are Used

• Most home sales

• Land purchases

• New construction property sales

• Any transaction requiring protection against title issues

Warranty deeds ensure that if a hidden issue appears later, the seller is responsible—not the buyer.

3. Quitclaim vs. Warranty Deed: The Level of Protection

Understanding the differences between a quitclaim warranty deed starts with the level of security they offer.

Quitclaim Deed Protection

• No protection for the buyer

• Buyer receives whatever interest exists (even if it’s none)

• Buyer inherits any liens, claims, or disputes

Warranty Deed Protection

• Guarantees clear, marketable title

• Seller must resolve ANY title problems

• Buyer is legally protected long after the sale

This makes warranty deeds the safest option for buyers.

3. Quitclaim vs. Warranty Deed: The Level of Protection

Understanding the differences between a quitclaim warranty deed starts with the level of security they offer.

Quitclaim Deed Protection

• No protection for the buyer

• Buyer receives whatever interest exists (even if it’s none)

• Buyer inherits any liens, claims, or disputes

Warranty Deed Protection

• Guarantees clear, marketable title

• Seller must resolve ANY title problems

• Buyer is legally protected long after the sale

This makes warranty deeds the safest option for buyers.

5. When to Use a Quitclaim Deed (and When to Avoid It)

Quitclaim deeds have their place—but they must be used carefully.

Appropriate Uses

✔ Transferring property between spouses
✔ Moving property into a trust or business
✔ Fixing clerical or spelling errors
✔ Clearing clouds on title
✔ Inheriting or gifting property to immediate family

When to Avoid Quitclaim Deeds

✘ Purchasing property from a stranger
✘ Buying investment property
✘ Transferring property with unknown title history
✘ When the owner is not fully trusted
✘ When financing is involved (lenders rarely accept quitclaims)

Using a quitclaim deed incorrectly can expose you to long-term legal and financial risks.

6. When to Use a Warranty Deed

A warranty deed is almost always the correct choice when:

• Buying property

• Selling property at market value

• Financing through a mortgage lender

• Ensuring clean, undisputed ownership

• Purchasing land with unknown history

• Wanting full legal guarantees as the buyer

Warranty deeds protect buyers from past issues going back all the way to the origin of the title.

Some regions also offer variations:

General Warranty Deed

Full protection from all past title issues, regardless of when they occurred.

Special Warranty Deed

Protects the buyer only from issues that occurred during the seller’s period of ownership.

Both are far safer than a quitclaim deed.

7. Legal Requirements for Property Title Transfers

Property deed transfers typically require:

• A written and signed deed

• Proper legal description of the property

• Signature of the grantor (sometimes notarized)

• Filing the deed with the county clerk or lands office

In some regions, witnesses or attorney certification may also be required.

Failure to correctly record the deed may result in:

• Ownership disputes

• Rejection of the transfer

• Difficulties selling the property later

• Loss of legal protection

The Financial Risks of Choosing the Wrong Deed

Choosing a quitclaim deed when you actually need a warranty deed can lead to:

• Unexpected liens

• Previous owner disputes

• Financial responsibility for unpaid taxes

• Loss of ownership if another claim surfaces

• Difficulty securing financing or selling later

A warranty deed, however, minimizes these risks through legally enforceable protections.

How to Determine Which Deed You Need

Ask yourself the following questions:

1. Do I trust the person transferring the property?

If you’re not related or the property was previously sold multiple times, choose a warranty deed.

2. Am I paying money for the property?

Any purchase transaction should use a warranty deed.

3. Does the property have a complicated title history?

Choose a warranty deed.

4. Am I gifting or transferring property internally?

A quitclaim deed can be sufficient.

5. Is the lender requiring title insurance?

You’ll likely need a warranty deed.

How to Determine Which Deed You Need

Ask yourself the following questions:

1. Do I trust the person transferring the property?

If you’re not related or the property was previously sold multiple times, choose a warranty deed.

2. Am I paying money for the property?

Any purchase transaction should use a warranty deed.

3. Does the property have a complicated title history?

Choose a warranty deed.

4. Am I gifting or transferring property internally?

A quitclaim deed can be sufficient.

5. Is the lender requiring title insurance?

You’ll likely need a warranty deed.

Common Mistakes Homeowners Make

❌ Assuming a quitclaim deed means the grantor owns the property
❌ Transferring property with errors in the legal description
❌ Forgetting to record the deed
❌ Not obtaining title insurance
❌ Using a quitclaim deed for a home purchase
❌ Signing documents without legal review

These mistakes can result in financial loss or legal disputes.

Final Thoughts

Understanding the difference between a quitclaim warranty deed is essential for anyone transferring or receiving real estate. Quitclaim deeds offer simplicity and speed but no protection. Warranty deeds provide strong buyer safeguards and are the preferred choice for real estate transactions.

Whether you’re gifting a property, buying a new home, or resolving ownership, choosing the correct deed can save you from costly legal complications in the future. Contact us today at Realty Boris to secure the perfect investment for your real estate portfolio.