In some states, it is a deed which transfers nothing more than interest which the grantor may have, if any, at the time of the transaction, and "excludes any implication that he has any title or interest in described realty." In other words, a quitclaim is used to "clear the air," so to speak, about property when there may be some doubt about claims to its ownership. In some jurisdictions, a quitclaim deed warrants that the grantor has not encumbered the property.

This class of deed contains no warranties, and is usually used to release an owner’s claim to rights in jointly owned property. In actions involving the transfer of a marital home from joint ownership, that of a divorcing husband and wife, a quit claim might be given by one spouse to another as part of settlement.

By comparison, a warranty deed conveys a marketable title, one which is good and clear, and carries with it the covenants of seisin, quiet enjoyment, right to convey, freedom from encumbrances and defense of title to all claims. A third party buying the marital home of a divorcing couple on the open market would expect a warranty deed.

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1. A Spouse Who Signs a Quit Claim Deed May Waive All Interest In A Marital Home Upon Divorce
   A spouse in Arizona may be asked to sign a Quit Claim Deed or a Disclaimer Deed for many different reasons, such as when that spouse has poor credit that would affect the interest rate of the loan or for other financial planning reasons. Arizona judges would usually ignore Quit Claim and/or Disclaimer Deeds but that is now coming to an end. A recent Arizona Court of Appeals decision provided that, with limited exceptions, a spouse who signs a Quit Claim Deed or Disclaimer Deed waives all interest in the ownership of the home and the equity in that home. A spouse, therefore, should be very careful about signing such a Deed.
   Contributed on 1/11/2009 by: Hildebrand Law, P.C.Tempe, AZ[Total Submissions: 1]

   Category: Marital Home  (Applicable in Arizona)

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