Montana Quit Claim Deed in minutes

What is a Quit Claim Deed?

A Quit Claim Deed (also written quitclaim deed) is a legal document that transfers whatever interest the current owner, the grantor, holds in a property to another person, the grantee, without any warranty of title.

Unlike a warranty deed, it makes no promises about liens, claims, or the quality of the title. That makes it fast and simple, and best suited to transfers between people who already know and trust each other.

When do you need one?

Quit claim deeds are most common for transfers where the parties already trust each other and no money changes hands, or the price is nominal. Typical cases include:

• Adding or removing a spouse from a title after marriage or divorce
• Transferring property between family members
• Moving a property into a living trust or an LLC you own
• Gifting property to a child or another relative
• Clearing up a title defect, such as a misspelled name on an earlier deed

Quit claim deed vs. warranty deed

The two deeds transfer property in very different ways, and choosing the wrong one can leave the buyer unprotected:

• A quit claim deed transfers only whatever interest the grantor actually has, with no guarantees
• A warranty deed guarantees the grantor owns the property free of undisclosed liens and claims
• Quit claim deeds suit family transfers, trusts, and divorce settlements
• Warranty deeds are the standard for arm's-length sales to a buyer you don't know
• Title insurance is much harder to obtain on a quit claim transfer

What to include

A complete quit claim deed leaves no doubt about who is transferring what to whom. Make sure yours covers:

• Full names and addresses of the grantor and the grantee
• The consideration, the amount paid, even if it is a nominal sum
• The property's full legal description, not just the street address
• The county where the property is located
• The grantor's notarized signature, plus witnesses where required
• How the grantee will hold title, if there is more than one grantee

State rules and recording

Requirements vary by state. Every state requires the grantor's signature to be notarized, and some also require witnesses, specific cover-page formatting, or a transfer tax declaration.

After signing, the deed must be recorded with the county recorder or clerk where the property sits to make the transfer part of the public record. Tell us where the property is located and we tailor the document to that state's requirements.

Common mistakes to avoid

• Using only the street address instead of the full legal description
• Forgetting to record the deed with the county after signing
• Using a quit claim deed for a sale to a stranger who needs title protection
• Assuming the deed removes the grantor from the mortgage, it does not
• Overlooking transfer taxes or exemption forms your county requires
• Skipping the notary or the witnesses your state requires