A quitclaim deed (or quit claim deed) is a document that transfers or conveys any ownership the person making the deed (the grantor) has in the real property (real estate) identified in the deed—but does not guarantee or warrant that the grantor does in fact have any ownership in the real estate, or that the title (ownership) is free from other claims of ownership, such as liens and encumbrances. Because the grantor makes no promises or warranties regarding the quality of the title—whether the grantor has an ownership interest to convey and whether there on liens or encumbrances on the property—it is sometimes called a non-warranty deed. In contrast, warranty deeds do provide such warranties and offer the highest level of protection to the buyer or transferee.
Because quitclaim deeds offer the least amount of protection to the buyer regarding the true ownership (title) of the real property they are often used to transfer title to real estate between family members, or between spouses dividing marital property in a divorce. Quitclaim deeds are also used to cure or fix a defect or cloud in the recorded title history of certain real property—such as a missing signature of a spouse, a failure to properly record or file documents, or a misspelled name. Quitclaim deeds are as effective as warranty deeds, but only if the title is good.
In Hawaii, a quitclaim deed is a legal instrument used to transfer a grantor's interest in real property without any warranties or guarantees of clear title. This means the grantor does not assure the grantee that they have valid ownership or that the property is free from other claims, such as liens or encumbrances. Quitclaim deeds are commonly utilized for transfers between family members, during the division of property in a divorce, or to correct title defects (also known as 'clouds') in the property's recorded history. While quitclaim deeds can transfer ownership just as effectively as warranty deeds, their reliability hinges on the validity of the grantor's title. It's important for parties involved in such transactions to understand the implications of using a quitclaim deed and to consider consulting with an attorney to ensure their interests are adequately protected.