Quitclaim Deed
Learn about quitclaim deeds, how they transfer property ownership without warranties, and when they're most useful for single individuals, married couples with children, and high net worth individuals.
Introduction
A quitclaim deed is a legal document that transfers ownership interest in real property from one party (the grantor) to another (the grantee) without providing any guarantees or warranties about the title. Unlike other types of deeds, a quitclaim deed only transfers whatever ownership rights the grantor actually has—if any—without promising that the title is clear or that the grantor has the right to sell the property. While this might sound risky, quitclaim deeds serve important purposes in specific situations, such as transferring property between family members, removing someone from a title, or clarifying ownership after life events like marriage, divorce, or estate planning.
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Key Things to Know
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A quitclaim deed offers no guarantees about the property's title status—it only transfers whatever ownership rights the grantor actually has, if any.
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Quitclaim deeds are most appropriate for transfers between family members, spouses, or other trusted parties rather than traditional property sales.
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Recording your quitclaim deed with the county recorder's office is essential to make the transfer legally effective and protect the grantee's interests.
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Using a quitclaim deed doesn't automatically transfer responsibility for mortgages or liens—these obligations typically remain with the original borrower.
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Tax consequences of property transfers via quitclaim deed can be significant, particularly for high-value properties or transfers outside immediate family.
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State laws vary regarding quitclaim deed requirements, so consulting with a local real estate attorney is advisable before executing one.
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Title insurance companies generally won't issue new policies based solely on a quitclaim deed transfer, which can create complications for future property sales.
Key decisions before you file
Before you file a Quitclaim Deed in Washington DC, a few decisions shape the document: which option to choose and what each one means. The Quitclaim Deed guide walks through them.
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Washington DC Requirements for Quitclaim Deed
Legal Description of Property (D.C. Code § 42-601)
A quitclaim deed must contain a complete and accurate legal description of the property being transferred, including lot, square, and subdivision information as recorded in DC land records.
Grantor Identification (D.C. Code § 42-601)
The deed must clearly identify the grantor(s) with full legal name(s) as they appear on the current title or deed to the property.
Grantee Identification (D.C. Code § 42-601)
The deed must clearly identify the grantee(s) with full legal name(s) and specify how title will be held (e.g., tenants in common, joint tenants, etc.).
Words of Conveyance (D.C. Code § 42-604)
The deed must contain specific language indicating that the grantor 'remises, releases, and quitclaims' their interest in the property to the grantee without warranties of title.
Consideration Statement (D.C. Code § 42-1103)
The deed must state the consideration (amount paid) for the transfer, even if nominal. In DC, the actual consideration must be stated for proper calculation of recordation tax.
Grantor's Signature (D.C. Code § 42-101)
The deed must be signed by all grantors named in the document. Electronic signatures are not permitted for deeds in DC.
Acknowledgment Requirement (D.C. Code § 42-101)
The grantor's signature must be acknowledged before a notary public or other authorized officer who must certify the acknowledgment.
Recordation Requirement (D.C. Code § 42-401)
To be effective against subsequent purchasers, the deed must be recorded with the DC Recorder of Deeds within 30 days of execution.
Recordation Tax (D.C. Code § 42-1103)
Payment of recordation tax is required unless an exemption applies. The current rate is 1.1% of consideration if under $400,000 and 1.45% if $400,000 or more.
Transfer Tax (D.C. Code § 47-903)
Payment of transfer tax is required unless an exemption applies. The current rate is 1.1% of consideration if under $400,000 and 1.45% if $400,000 or more.
Property Tax Certification (D.C. Code § 47-1340)
The deed must be accompanied by a certificate from the DC Office of Tax and Revenue showing that all taxes due on the property have been paid.
Form FP-7/C Requirement (D.C. Code § 42-1103)
A completed Form FP-7/C (Real Property Recordation and Transfer Tax Form) must accompany the deed when submitted for recording.
Homestead Deduction (D.C. Code § 47-850)
If the property is to be the grantee's principal residence, the deed should address whether the grantee intends to apply for the homestead deduction.
Marital Status Disclosure (D.C. Code § 42-516)
The deed should disclose the marital status of both grantor and grantee to address potential dower/curtesy rights or community property issues.
Return Address (D.C. Code § 42-408)
The deed must include a return address where the recorded document should be sent after processing by the Recorder of Deeds.
Compliance with Federal Tax Reporting (26 U.S.C. § 1445)
The transaction must comply with federal tax reporting requirements, including potential FIRPTA withholding if the grantor is a foreign person.
Compliance with Uniform Law on Notarial Acts (D.C. Code § 1-1231.01 et seq.)
The notarization must comply with the Uniform Law on Notarial Acts as adopted in DC, including proper notarial certificate language.
Legal Capacity of Parties (D.C. Code § 42-501)
Both grantor and grantee must have legal capacity to transfer and receive property interests under both DC law and federal law.
Covenant of Further Assurances (D.C. Code § 42-605)
While not required in a quitclaim deed, parties may include a covenant where the grantor agrees to execute any additional documents necessary to perfect the grantee's title.
Compliance with Clean Hands Requirement (D.C. Code § 47-2862)
The grantor must certify compliance with the Clean Hands Before Receiving a License or Permit Act of 1996, confirming no outstanding debts to DC exceeding $100.
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