Quitclaim vs. Warranty Deed: Deed Types Explained (2026)

A deed is the signed document that moves ownership of real estate from one person (the grantor) to another (the grantee). The type of deed does not decide whether ownership moves; it decides what the grantor promises about the title that moves with it.

A general warranty deed promises the most and a special warranty deed promises less. Some states use grant deeds or bargain and sale deeds that carry their own, often narrower, statutory promises, and a quitclaim deed promises nothing about title at all. The statutory examples below come from Washington, Virginia, Florida and California, which spell these promises out in their codes.

Scope: This page explains the main deed types used in the United States and what each one conveys, using statutes from Washington, Virginia, Florida and California as worked examples, plus federal law on due-on-sale clauses. Deed forms, names, execution formalities and recording rules are set by each state, so check the statute and the county recorder where the property sits. For how to look up a recorded deed or owner, see our property records by state guide.

What a deed does, and what the deed type changes

A deed must be in writing. California's rule is an example: an estate in real property, other than an estate at will or a lease of one year or less, "can be transferred only by operation of law, or by an instrument in writing, subscribed by the party disposing of the same" (Cal. Civ. Code 1091). Washington requires every deed to be "in writing, signed by the party bound thereby, and acknowledged" before an officer authorized to take acknowledgments (RCW 64.04.020).

Once a deed is validly executed, ownership moves whichever type of deed was used. What changes from one type to the next is the set of promises, called covenants of title, that the grantor makes to the grantee. Those covenants matter later, if someone else turns up with a claim to the property. A grantee holding a deed with covenants can sue the grantor for breaching them; a grantee holding a quitclaim deed generally has no covenant to sue on.

General warranty deed: the grantor defends against all claims

A general warranty deed is the most protective deed for the grantee. Washington's statute lets a warranty deed be as short as "conveys and warrants" followed by the grantee and the property, and then supplies three covenants by law (RCW 64.04.030):

"(1) That at the time of the making and delivery of such deed he or she was lawfully seized of an indefeasible estate in fee simple, in and to the premises therein described, and had good right and full power to convey the same; (2) that the same were then free from all encumbrances; and (3) that he or she warrants to the grantee, his or her heirs and assigns, the quiet and peaceable possession of such premises, and will defend the title thereto against all persons who may lawfully claim the same"

Florida reaches the same result by statute. A deed in the Florida statutory form, in which the grantor "does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever" (Fla. Stat. 689.02), "must be held to be a warranty deed with full common-law covenants" (Fla. Stat. 689.03).

Virginia defines the general warranty by who it covers. A covenant that the grantor "will warrant generally the property hereby conveyed" has the same effect as a promise to defend the property "against the claims and demands of all persons" (Va. Code 55.1-354).

Washington adds one more protection that works with warranty-type deeds. If a person conveys land by deed without holding title at the time, and later acquires the title, "such title shall inure to the benefit of the purchasers or conveyee" (RCW 64.04.070). The quitclaim statute, discussed below, excludes that result for quitclaim deeds unless the deed says otherwise.

Special warranty, grant and bargain and sale deeds: narrower promises

A special warranty deed narrows the promise to the grantor's own time as owner. Virginia's definition is the clearest statement of the difference.

A covenant that the grantor "will warrant specially the property hereby conveyed" means the grantor will defend the property "against the claims and demands of the grantor and all persons claiming or to claim by, through, or under him" (Va. Code 55.1-355). Problems that arose before the grantor owned the property fall outside that promise.

Some states use deeds with different names that carry their own statutory promises. They are not the same as a special warranty deed, and some carry fewer promises:

• California grant deed. Using the word "grant" in a deed implies two covenants, "and none other": that the grantor has not already conveyed the same estate or any interest in it to someone else, and that the estate is "free from incumbrances done, made, or suffered by the grantor, or any person claiming under him" (Cal. Civ. Code 1113). Unlike Virginia's special warranty, § 1113 implies no covenant to defend the title. The statutory form is a single sentence: "I, A B, grant to C D all that real property situated in ... County" (Cal. Civ. Code 1092).
• Washington bargain and sale deed. A deed that "bargains, sells, and conveys" is treated as an express covenant that the grantor was seized of the estate "free from encumbrances, done or suffered from the grantor," with quiet enjoyment "against the grantor, his or her heirs and assigns" (RCW 64.04.040).
• New York bargain and sale deeds. New York's statutory forms come in two versions, labeled "Without Covenant against Grantor" and "With Covenant against Grantor" (N.Y. Real Prop. Law § 258), so a bargain and sale deed there may carry no covenant at all.

The words of conveyance and warranty inside the deed ("grant," "bargains, sells, and conveys," "warrants specially") are what carry these statutory meanings, and each state defines them in its own code, so read the deed alongside your state's statute rather than relying on the title printed at the top.

Quitclaim deed: whatever the grantor has, and no promise that it is anything

A quitclaim deed transfers only the interest the grantor holds at the moment of signing. Washington's statute describes the effect in full:

"Every deed in substance in the above form, when otherwise duly executed, shall be deemed and held a good and sufficient conveyance, release and quitclaim to the grantee, his or her heirs and assigns in fee of all the then existing legal and equitable rights of the grantor in the premises therein described, but shall not extend to the after acquired title unless words are added expressing such intention." (RCW 64.04.050)

Three consequences follow from that wording. The quitclaim is a real conveyance: whatever the grantor owns does pass. It contains no covenant that the grantor owns anything, that the property is free of liens, or that no one else has a claim. And in Washington, a title the grantor picks up later does not pass under the quitclaim unless the deed adds words saying it should.

That makes a quitclaim the least protection a buyer paying full value can receive. It fits better where the grantor and grantee already know what the grantor owns, such as a transfer between spouses in a divorce, the situation the Alaska court guidance below addresses. Our quitclaim deed generator drafts this kind of deed, with a statutory acknowledgment form for California, Florida, New York and Texas and a labeled generic form for other states.

Deed types compared

A quitclaim deed does not remove anyone from the mortgage

A common question after a divorce or breakup is whether signing a quitclaim ends responsibility for the home loan. It does not. The deed and the mortgage are separate instruments: the deed moves ownership, while the loan is a contract between the borrower and the lender. The Alaska Court System's family self-help center puts it directly:

"No, a quitclaim deed only removes your interest in the real property, but not your responsibility for paying the mortgage if it is in your name. ... The quitclaim does not affect the mortgage or any loans on the property at all. So if your name is still on the mortgage and you quitclaim your interest in the property, you still are responsible for paying the mortgage. The only way to get your name off the mortgage is to refinance it into someone else's name like your spouse."

The borrower who signs the quitclaim keeps the debt but gives up the ownership. That is the worst of both positions if the person keeping the house stops paying.

A related worry is that transferring the home will let the lender call the whole loan due under a due-on-sale clause. Federal law limits that for loans on residential property with fewer than five dwelling units, and the federal rule applies these limits to a loan "on the security of a home occupied or to be occupied by the borrower" (12 CFR 191.5(b)).

Under the Garn-St Germain Act, a lender "may not exercise its option pursuant to a due-on-sale clause" upon, among other transfers, "a transfer where the spouse or children of the borrower become an owner of the property," a transfer resulting from a divorce decree or legal separation agreement "by which the spouse of the borrower becomes an owner of the property," and "a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property" (12 U.S.C. 1701j-3(d)). Those exemptions stop the lender from accelerating the loan because of the transfer. They do not release the original borrower from the loan.

Signing and recording the deed

Execution rules vary by state, and a deed that misses one can be rejected by the recorder or challenged later. Some examples from the codes:

• Witnesses. Florida requires a deed to be "signed in the presence of two subscribing witnesses" (Fla. Stat. 689.01). Connecticut requires conveyances of land to be "attested to by two witnesses with their own hands" and to include "the current mailing address of the grantee" (Conn. Gen. Stat. 47-5).
• Printed names and addresses. Florida's recording statute requires the printed name and post-office address of each signer, of the person who prepared the deed, and the printed name and address of each witness (Fla. Stat. 695.26).
• Language. A California recorder "shall not accept" for record an instrument executed in a language other than English, subject to exceptions in the statute (Cal. Gov. Code 27293).
• Transfer tax. Counties may charge a documentary transfer tax. California lets a county impose a tax, when the consideration or value exceeds $100, at "fifty-five cents ($0.55) for each five hundred dollars ($500) or fractional part thereof" (Cal. Rev. & Tax. Code 11911).

Recording is what protects the new owner against the rest of the world. Recording acts differ by state, and California's two rules are one example.

Between the grantor and grantee, "An unrecorded instrument is valid as between the parties thereto and those who have notice thereof" (Cal. Civ. Code 1217). Against later buyers, an unrecorded conveyance "is void as against any subsequent purchaser or mortgagee of the same property ... in good faith and for a valuable consideration, whose conveyance is first duly recorded" (Cal. Civ. Code 1214). That "first duly recorded" condition is what lawyers call a race-notice rule; in states with a pure notice rule, a later good-faith buyer can be protected without recording first.

A grantee who leaves a signed deed in a drawer is exposed until it is recorded.

Your state's page in our property records guide names the recording office and how to search its index, for example the California, Florida, Virginia and Washington pages.

Deed fraud warning signs

Deeds are also a target for fraud. The FBI's Internet Crime Complaint Center warned in June 2026 about schemes in which criminals "impersonate the owners of vacant property parcels and attempt to illegally sell the property parcels without the owner's knowledge or consent." The FBI lists these red flags:

• Unusual communication. The seller "communicates only via email, text, or VoIP numbers and refuses to meet in person."
• Pressure to close quickly, sometimes with an offer to sell "below market value to expedite the sale."
• Missing or inconsistent information about the property, such as no surveys or tax information.
• Suspicious payment requests, such as a wire "to an account under a different name, or to an account in a location unrelated to the property."
• Documentation red flags, such as "property deeds notarized in a foreign country."

For owners, the FBI recommends checking whether the county recorder, register of deeds or county clerk offers "notification services and send an automated email or text when a legal document is recorded using your name," and reviewing whether an owner's title insurance policy covers forgery. Our property records hub covers deed fraud, county fraud-alert programs and deed solicitation mailers in more detail.

Disclaimer: This page provides general legal information about deed types in the United States as of September 2026, using Washington, Virginia, Florida and California statutes and federal law as examples. It is not legal advice, and it is not a title search. Deed forms, execution and recording requirements differ by state and county. Consult a lawyer licensed in the state where the property is located, or a title professional, before signing or relying on a deed.

Frequently Asked Questions

Is a quitclaim deed legally valid?

Yes. A quitclaim deed that is signed and delivered (and acknowledged, where your state requires it, as Washington does under RCW 64.04.020) transfers whatever interest the grantor holds. Washington's statute calls it a "good and sufficient conveyance, release and quitclaim" of the grantor's then-existing rights (RCW 64.04.050). What it lacks is any promise that the grantor actually owns the property or that the title is free of claims.

What is the difference between a quitclaim deed and a warranty deed?

A warranty deed carries covenants of title: in Washington's statutory form, that the grantor owns the property and can convey it, that it is free of encumbrances, and that the grantor will defend the title against all lawful claims (RCW 64.04.030). A quitclaim deed passes only the grantor's existing interest and contains no such covenants (RCW 64.04.050).

What is a special warranty deed?

A deed in which the grantor warrants the title only against claims arising from the grantor and people claiming through the grantor, not against older defects. Virginia's statute defines it that way (Va. Code 55.1-355). California's grant deed and Washington's bargain and sale deed carry their own statutory promises limited to the grantor's acts, but a California grant deed includes no covenant to defend (Cal. Civ. Code 1113; RCW 64.04.040).

Does a quitclaim deed take my name off the mortgage?

No. The Alaska Court System's self-help center explains that a quitclaim removes your interest in the property but not your responsibility for the mortgage, and that refinancing into someone else's name is the way to get your name off the loan.

Can the lender call my loan due if I quitclaim the house to my spouse?

For a loan on a home with fewer than five dwelling units that the borrower occupies or will occupy (12 CFR 191.5(b)), federal law bars the lender from using a due-on-sale clause on a transfer where the borrower's spouse or children become an owner, a transfer to a spouse under a divorce decree or legal separation agreement, and certain transfers into the borrower's own living trust (12 U.S.C. 1701j-3(d)). The transfer still does not release you from the loan.

Does a deed have to be recorded to be valid?

Recording rules differ by state. In California, an unrecorded deed is valid between the grantor, the grantee and anyone with notice (Cal. Civ. Code 1217). But it is void against a later good-faith buyer or lender who records first (Cal. Civ. Code 1214), so record the deed promptly with the county recorder.

Which deed gives a buyer the most protection?

A general warranty deed, because its covenants cover claims by all persons, not only claims arising from the grantor (compare Va. Code 55.1-354 with 55.1-355). A quitclaim gives the buyer no covenant to rely on if a title problem appears (RCW 64.04.050).