Ownership & Title • Education
Quitclaim vs. warranty deed
What each type of deed does, when each is used, and how a deed differs from your mortgage.
A warranty deed guarantees the seller holds clear title and protects the buyer against title problems — standard in home sales. A quitclaim deed transfers whatever interest the giver has, with no guarantees — common between family or to fix title issues.
What a deed is
A deed is the legal document that transfers ownership of real property from one party to another. It is distinct from a mortgage: the deed concerns who owns the property, while the mortgage concerns the loan secured by it. When property changes hands, a deed is what actually conveys the ownership. There are different types of deeds, and they differ mainly in how much protection they give the person receiving the property. The two most common are the warranty deed and the quitclaim deed, and understanding the difference matters because they offer very different levels of assurance.
The warranty deed
A warranty deed is the type most commonly used in ordinary home sales, because it offers the buyer the strongest protection. With a warranty deed, the seller (the grantor) makes legal guarantees — warranties — that they hold clear title to the property, have the right to sell it, and that it is free of undisclosed liens or claims. Crucially, the seller also agrees to defend the buyer against future claims to the title, even ones arising from before the seller owned it. This is why buyers in an arm’s-length purchase almost always receive a warranty deed: it assures them that they are getting good, defensible title to what they are paying for.
The quitclaim deed
A quitclaim deed works very differently. It transfers whatever interest the grantor may have in the property — but makes no guarantees at all. The grantor does not promise they actually own the property, that the title is clear, or that there are no other claims. In effect, a quitclaim says “I give you whatever interest I have, if any, with no warranties.” Because it offers no protection to the recipient, a quitclaim deed is not typically used in a normal sale between strangers. Instead, it is used in situations where the parties trust each other or where the goal is simply to clear up or transfer a specific interest, not to guarantee ownership.
When each is used
The two deeds serve different purposes. Warranty deeds are the norm for arm’s-length home purchases, where a buyer paying market value needs assurance of clear title. Quitclaim deeds are common in non-sale transfers: adding or removing a spouse from title after marriage or divorce, transferring property into a trust or between family members, or fixing a defect in the title such as a misspelled name or an old, lingering claim. The choice reflects the situation — a quitclaim is a quick tool for transferring a specific interest among trusting parties, while a warranty deed is the protective instrument for a genuine purchase.
How deeds relate to your mortgage
A critical point that trips people up is that a deed and a mortgage are separate, and changing one does not change the other. Transferring a property by deed — including by quitclaim — does not remove or add anyone to the mortgage loan. For example, a divorcing spouse who signs a quitclaim deed giving up ownership remains legally responsible for the mortgage unless the loan itself is refinanced or otherwise changed. Likewise, adding someone to the deed does not make them responsible for the loan. This separation is why deed changes should be coordinated carefully with any mortgage implications, and often with legal guidance.
Getting it right
Because deeds carry real legal consequences and interact with your mortgage and title, these are matters where proper guidance pays off. The deed and title side is generally handled by an attorney or title company, who can prepare the correct type of deed for your situation and ensure it is properly recorded. The mortgage side — whether a refinance is needed to change who is responsible for the loan — is something a mortgage professional can help with. As a licensed Florida mortgage broker, New Century Financial Mortgage, LLC can help you understand the loan side of a title change, though we are not a law firm and do not provide legal advice. This page is educational and is not a commitment to lend. NMLS #1967971.
A simple way to remember the difference
If it helps, think of it this way: a warranty deed comes with a promise, and a quitclaim deed comes with none. The warranty deed says the grantor stands behind the title and will defend it; the quitclaim deed simply passes along whatever the grantor has, no promises attached. That is why you want a warranty deed when you are buying a home from someone at market value, and why a quitclaim is fine when a family member is transferring property to you or when you are tidying up the title among people who trust one another. Matching the right deed to the situation — and remembering that neither one touches your mortgage — is the heart of understanding these documents.
Frequently asked questions
What is the difference between a quitclaim and a warranty deed?
Does a quitclaim deed remove someone from the mortgage?
When would I use a quitclaim deed?
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Title insurance and why it matters
One more piece completes the picture: title insurance. Because a warranty deed relies on the seller’s promises about clear title, and because even honest sellers may not know about every possible claim, buyers in a purchase typically obtain title insurance, which protects against covered title defects that surface later. A quitclaim deed, offering no warranties, provides no such comfort on its own, which is another reason it is unsuited to arm’s-length sales. Understanding that deeds and title insurance work together helps explain why a normal home purchase involves both a warranty deed and a title policy: the deed conveys the property with the seller’s guarantees, and the insurance backs up the assurance of clear title. For anyone buying a home, knowing these pieces fit together makes the closing process far less mysterious.
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