What is a quitclaim deed?

Published by Drafted with AI; every statement checked against its source on November 3, 2026

A quitclaim deed is a deed that can be used to transfer a real estate interest to someone else. In Ohio, the statutory quitclaim deed form can have the force and effect of a fee simple deed, but it has no covenants by the grantor. A quitclaim deed also does not remove the signer from the mortgage. The CFPB says taking a name off a home title does not take that name off the mortgage. State forms and recording steps can differ, so the exact paperwork depends on the state and county.

Key facts

  • A quitclaim deed can be used to transfer a real estate interest.
  • Ohio Revised Code 5302.11 says an Ohio quitclaim deed in the statutory form can have the force and effect of a fee simple deed, but without covenants of any kind by the grantor.
  • Taking a name off a home title does not take that name off the mortgage.
  • Indiana's Sales Disclosure Form lists "Quitclaim Deed."
  • Recording forms and deed form sources differ by state.

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What a quitclaim deed transfers

A quitclaim deed is a deed used to transfer a real estate interest from one person to another.

Ohio Revised Code 5302.11 says an Ohio quitclaim deed in the statutory form can have the force and effect of a fee simple deed, but without covenants of any kind by the grantor. So a quitclaim deed can be a real transfer of title in Ohio. The limit, in Ohio, is that the statutory form does not include covenants by the grantor.

What it does not promise

Ohio's statutory quitclaim deed form has no covenants of any kind by the grantor. Indiana's conveyance procedures describe Quit Claim Deed QCD 1 as used when the grantor will convey fee title but will not make title warranties.

A warranty deed is a different deed type. Do not assume a quitclaim deed and a warranty deed have the same effect.

A quitclaim deed does not remove someone from the mortgage

A quitclaim deed does not remove a person from the mortgage. A deed changes title. A mortgage loan is a separate debt. The CFPB says taking your name off a home title does not take your name off the mortgage.

This comes up a lot after divorce. The CFPB says divorce changes the relationship between spouses, but it does not automatically change the relationship with creditors. A creditor can still collect from anyone whose name appears as a borrower on the loan or debt.

The CFPB also says a person is generally responsible for a debt unless the creditor contractually releases them or the former spouse refinances the loan and removes that person's name. If your main question is the loan, see can you sell a house with a mortgage.

Where quitclaim deed forms may appear

State sources show quitclaim deed names can appear in different paperwork. Indiana's Sales Disclosure Form lists "Quitclaim Deed."

Indiana's conveyance procedures say a Quit Claim Deed Release is used to release a non fee interest or to quiet title. For the deed name issue, see how to remove a name from a deed.

Warranty deeds are different

When a property is sold to a buyer, the deed question may be different from a family or cleanup transfer. The deed named in the contract and closing papers controls what the seller is expected to sign.

Do not assume a quitclaim deed and a warranty deed have the same effect. If you are comparing deed types, see what is a warranty deed.

Recording and state form pointers

Signing a quitclaim deed is not the same as recording it.

The office name and forms can differ by state. The table below points to the deed or transfer form sources covered here without listing transfer tax amounts.

StateForm or source pointerWhat the source says
IndianaSales Disclosure Form, State Form 46021, and Indiana conveyance formsThe Sales Disclosure Form is prescribed by the Department of Local Government Finance and lists "Quitclaim Deed." Indiana's conveyance procedures describe Quit Claim Deed QCD 1 as used when the grantor will convey fee title but will not make title warranties.
OhioOhio Revised Code 5302.11 and county conveyance formsOhio has a statutory quitclaim deed form. Ohio Revised Code 5302.11 says the form can have the force and effect of a fee simple deed, but without covenants of any kind by the grantor.

Frequently asked questions

Does a quitclaim deed remove me from the mortgage?

No. The CFPB says taking your name off a home title does not take your name off the mortgage. A borrower generally remains responsible unless the creditor releases them or the loan is refinanced to remove their name.

Can a quitclaim deed transfer a house?

Yes. In Ohio, a quitclaim deed in the statutory form can have the force and effect of a fee simple deed, but without covenants of any kind by the grantor.

Is a quitclaim deed the same as a warranty deed?

No. They are different deed types. Ohio's statutory quitclaim deed form has no covenants of any kind by the grantor.

Why would someone use a quitclaim deed in a divorce?

If a divorce includes a deed change, remember that the deed change does not change the mortgage by itself. The CFPB says taking your name off a home title does not take your name off the mortgage.

Sources

Checked against each source on November 3, 2026. This page is general information, not legal or tax advice.

  1. CFPB, Can a debt collector contact me about a debt after a divorce? (Consumer Financial Protection Bureau)
  2. CHAPTER V Conveyance Procedures and Instruments March 2026 (Indiana Department of Transportation)
  3. Sales Disclosure Form, State Form 46021 (State of Indiana / Indiana Department of Local Government Finance)
  4. Ohio Revised Code 5302.11 (Ohio Laws / Ohio Legislative Service Commission)

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