A quitclaim deed—also known as a quitclaim—is a deed that transfers whatever interest the grantor (purported owner) has in a piece of real property to the grantee (buyer)—but does not represent or warrant that the grantor’s title (ownership) is valid (that the grantor has any ownership interest in it) or free from liens or encumbrances.
A quitclaim deed only purports to convey the grantor’s present interest in the land (if any) and does not purport to convey the land itself. Thus, if the grantor were to acquire an interest in the land after executing (signing) a quitclaim deed, the grantor would retain that interest, as the grantor did not have it at the time the grantor executed the quitclaim deed.
In Georgia, a quitclaim deed is a legal instrument used to transfer a grantor's interest in a property to a grantee without any warranties of title. This means that the grantor does not guarantee that they own the property free and clear of any liens or encumbrances, nor do they guarantee that they have any ownership interest at all. The quitclaim deed simply passes whatever interest the grantor may have at the time of the transfer, which could be none. It is important to note that if the grantor later acquires an interest in the property, that interest would not be included in the previous quitclaim deed transfer and would remain with the grantor. Quitclaim deeds are often used between family members or to clear up title issues, but they are not typically used in situations where the property is being sold for value due to the lack of protection for the buyer. In Georgia, as in other states, quitclaim deeds must be in writing, signed by the grantor, and should be recorded with the appropriate county to provide notice of the transfer.