Quitclaim deeds come up all the time: in divorces, between family members, when someone gets added to or taken off a title. They're simple and fast. They also get misunderstood a lot.
Here's what a quitclaim deed actually does in Kentucky, and what it means if you want to sell. This is general information, not legal advice.
What a quitclaim deed is
A quitclaim deed transfers whatever ownership interest the person signing it has in a property, if they have any at all. It makes no promises.
Compare that with a general warranty deed, the kind usually used in a normal sale. With a warranty deed, the seller guarantees they own the property and that the title is clear, and they're on the hook if it isn't.
In plain terms: a warranty deed says "I own this and I promise the title is good." A quitclaim says "whatever I've got, it's yours now."
When quitclaim deeds are commonly used
- One spouse giving their share to the other in a divorce
- Adding a family member to the title, or taking one off
- Moving property into a trust or an LLC (limited liability company) you control
- Fixing a mistake or a name spelling on an earlier deed
Because no one is selling to a stranger, the lack of promises usually doesn't matter much in these situations.
Can you sell a house you got through a quitclaim deed?
Yes. If you own the property, you can sell it, no matter what kind of deed got it to you.
The buyer's title company will look closely at the whole chain of ownership, though. Since a quitclaim makes no promises, they'll want to confirm the person who signed it actually owned what they gave you. Sometimes that means extra paperwork or a corrective deed before closing. Easy to fix when you start early.
Should you use a quitclaim to sell to a buyer?
Usually not. Most buyers, lenders, and title insurers expect a warranty deed in a regular sale. A quitclaim gives the buyer much less protection, so most won't accept it, and it can make a sale harder to finance.
Kentucky details to know
- Deeds in Kentucky need specific information, including a statement of what was paid and who prepared the deed
- Preparing a deed for someone else is generally legal work done by an attorney
- Kentucky charges a small transfer tax on most sales, paid by the seller, though some family and no-money transfers are exempt
- The deed has to be recorded with the county clerk where the property is
Frequently asked questions
Does a quitclaim deed remove someone from the mortgage?
No. A quitclaim only changes who owns the house. Anyone who signed the mortgage is still responsible for the loan until it's paid off or refinanced. This catches a lot of divorcing couples. Read our divorce selling guide.
Is a quitclaim deed bad?
No. It's the right tool for transfers between people who trust each other. It's just the wrong tool for selling to a stranger.
Can I undo a quitclaim deed?
Generally only if the person who received the property signs it back, or a court sets it aside for a reason like fraud. Think it through before you sign one.
Do I need a lawyer for a quitclaim deed?
It's smart. A badly done deed can cause title problems for years, and preparing deeds for others is generally attorney work in Kentucky.
Selling a house with an unusual title history?
Call Winner Realty at (502) 305-8915 or book a time. If you inherited the house, see our probate guide, and find every hard-situation guide on our Selling in a Tough Spot page.