Quitclaim vs Warranty vs Grant Deed: Which One Do You Need?

There are three common ways to transfer property in the United States: a quitclaim deed, a grant deed, and a warranty deed. They all hand over ownership. The difference is what the seller is promising the buyer about the title.

The 60-second version

Deed type	What the seller is promising	Typical use
Quitclaim	Nothing. "I'm giving you whatever interest I have, if any."	Family transfers, divorce settlements, adding/removing a spouse, moving property into a trust or LLC, clearing up a cloud on title.
Grant deed (also called "special warranty deed" or "limited warranty deed" in some states)	"I haven't sold this property to anyone else, and nothing happened during MY ownership to mess up the title."	Standard sale in California, New York, and several other states. Common in commercial transactions.
Warranty deed (also called "general warranty deed")	"I'm guaranteeing clear title all the way back to the original land grant. If anyone ever surfaces with a claim, I'll defend it."	Most residential sales, especially in the Southeast and Midwest. Almost always paired with title insurance.

The differences in detail

Quitclaim deed: no warranties at all

A quitclaim deed transfers whatever interest the grantor (seller) actually has in the property, with no promises that they have any interest at all. If it turns out the grantor didn't really own the property, or only owned a 25% share, or there's a lien on it, the grantee (buyer) has no legal recourse against them.

This sounds bad - and for an arm's-length purchase from a stranger, it would be. But quitclaim deeds are the right tool when:

The parties already know each other and the title situation is clear (family, friends, business partners).
The transfer isn't really a sale - it's a gift, a divorce settlement, an estate-planning move, or restructuring how a property is held (e.g., moving it into a trust or LLC).
You're "cleaning up" a title issue, like removing a former spouse's name or correcting a typo from a previous deed.

Quitclaim deeds are also the most common instrument for between-spouse transfers (marriage, divorce, putting one spouse on title for refinancing reasons).

Grant deed: limited warranty for your ownership period only

A grant deed is the middle path. By state law in places like California, signing a grant deed automatically implies two specific covenants:

You haven't already sold the property to someone else.
You haven't created or allowed any encumbrances on the property during your ownership (unless they're listed on the deed itself).

What it does NOT cover: anything that happened before you owned the property. If there's a defect in title from three owners ago, the grant deed doesn't make you liable for it.

Grant deeds are the default residential instrument in California and several other Western states. They're also common in commercial real estate, where buyers know they'll be doing their own due diligence and want some protection but don't expect the seller to backstop centuries of title history.

Warranty deed: full chain-of-title warranty

A general warranty deed is the strongest protection for the buyer. By signing one, the seller promises:

They own the property in fee simple (full ownership, no shared interests).
They have the right to convey it.
It's free of all encumbrances except those specifically listed.
They will defend the buyer's title against the lawful claims of all persons whomsoever - meaning if anyone, ever, surfaces with a valid claim against the property, the seller is on the hook.

That last covenant is why warranty deeds are almost always paired with title insurance: the seller's personal "I'll defend it" promise isn't worth much in practice, so the buyer purchases a title insurance policy that backstops the warranty financially. Title companies prefer warranty deeds because the insurance covers them.

This is the standard instrument for most residential purchase closings in the Southeast, Midwest, and many other parts of the country.

How to pick

Most decisions come down to one question: does the buyer trust the title situation, or do they want recourse if something goes wrong?

Use a quitclaim deed when:

You're transferring to or from family - parent to child, between spouses, etc.
You're moving property into your own trust or LLC.
You're working through a divorce settlement and removing an ex-spouse.
You're correcting a typo or other minor defect from a previous deed.
Both parties are comfortable with "I'm transferring whatever I have, no guarantees."

Use a grant deed when:

You're in California or another state where grant deeds are the residential default.
The buyer wants some protection but not full title insurance.
It's a commercial deal between sophisticated parties.

Use a warranty deed when:

It's a standard residential sale to an unrelated buyer.
The buyer is getting title insurance (or you want them to be able to).
You're in a state where warranty deeds are the residential convention (Florida, Texas, most of the Southeast and Midwest).

When to call an attorney instead

Any deed choice has consequences that matter. Consult a real estate attorney - not a service like us - if any of the following are true:

There's a dispute about who owns the property, or about boundaries.
There's an existing mortgage and you're not sure how the transfer interacts with it (most mortgages have a "due on sale" clause that can be triggered).
Title insurance has already been issued and you're worried about voiding it.
The transfer has tax implications you don't fully understand (gift tax, capital gains, reassessment in California, etc.).
One of the parties is in bankruptcy or there are creditor claims against the property.
Any party is hesitant about signing or you suspect coercion.

Common misconceptions

"A quitclaim deed removes a mortgage." No. A quitclaim transfers ownership; it does nothing to the loan. If the property has a mortgage, the original borrower still owes the debt after a quitclaim transfer, even if they no longer own the property.

"A warranty deed is always better than a quitclaim." Not for family transfers. Forcing your spouse to sign a warranty deed when transferring property between you serves no purpose - they have no good reason to take on the warranty liability, and you don't gain any protection that matters.

"I need title insurance with a quitclaim deed." Generally not - title insurance and quitclaims are usually paired in situations where the buyer wants protection that the seller isn't providing (which is most quitclaim contexts). If you want title insurance, get a title search done first and choose your deed accordingly.

Ready to file your deed?

ClosingDesk prepares all three deed types (quitclaim, grant, and warranty) and handles notarization and county recording for a flat $199 fee. If you've decided which deed you need, you can start the transfer in about five minutes.

Start a transfer ($199) Check state coverage

Still not sure which deed is right for your situation? Email us at support@closingdesk.io with a brief description and we'll point you in the right direction (or recommend you talk to an attorney if it's outside our scope).

This page is general information, not legal advice. State requirements vary; consult a licensed real estate attorney for advice specific to your situation.