What Is a Quitclaim Deed?
A quitclaim deed transfers to the grantee (recipient) whatever interest the grantor currently holds in a piece of real estate — with no promises or warranties about the quality of that title.
In plain English: "I am giving you whatever interest I have in this property. I am not promising that I actually own it, that it is free of liens, or that anyone else won't come along and claim a superior interest." It is the opposite of a warranty deed, which includes those promises.
Because a quitclaim deed makes no warranties, it is best suited for transfers where the parties already know and trust each other — spouses, family members, or transfers into a trust you control. It is not appropriate for sales to strangers at arm's length, where the buyer is entitled to title protection.
Quitclaim deeds are governed by the Illinois Conveyances Act (765 ILCS 5/) and must meet specific formal requirements to be valid and recordable.
When to Use a Quitclaim Deed
Select a scenario to see whether a quitclaim deed is appropriate:
Quitclaim Deed Appropriate
Adding a Spouse to Title After Marriage
One of the most common uses of a quitclaim deed in Illinois. If you owned a home before marriage and want to add your spouse to the title, a quitclaim deed transfers your interest to both of you jointly. The deed conveys your current interest — no title warranties — which is appropriate since you are transferring to yourself and your spouse, not a stranger.
Transfer Tax Note:
Transfer to a spouse is generally exempt from Illinois transfer tax under 35 ILCS 200/31-45. A PTAX-203 form must still be filed.
When NOT to Use a Quitclaim Deed
Never use a quitclaim deed for an arm's-length sale to an unrelated buyer paying market value.
A buyer paying fair market value has a reasonable expectation of receiving good title with full warranties. A quitclaim deed leaves the buyer completely unprotected against title defects that existed before or during the seller's ownership. Always use a warranty deed for sales between unrelated parties — it protects both buyer and seller by clearly establishing the seller's obligation to defend title.
Other situations where a quitclaim deed is inappropriate or risky:
- Estate sales where the personal representative has full authority — use an executor's or administrator's deed instead
- Foreclosure sales — use a sheriff's deed
- Bank-owned (REO) sales — banks typically use their own limited warranty or special warranty deed forms
- Transfers where the grantor is uncertain whether they have clear title and the grantee is not related to them
Requirements for a Valid Illinois Quitclaim Deed
An Illinois quitclaim deed that is missing any of these elements will be rejected by the county recorder or may be legally ineffective:
| Requirement | Details |
|---|---|
| In writing | An oral transfer of real estate is not enforceable in Illinois. The deed must be a written document. |
| Signed by the grantor(s) | Every person who currently holds an interest in the property must sign the deed as grantor. If title is held jointly, all joint owners must sign. |
| Notarized | The grantor's signature must be acknowledged before a notary public. Without notarization the deed cannot be recorded. |
| Two witnesses | Illinois requires two adult witnesses (other than the notary) to the grantor's signature. This is often overlooked and causes recording rejection. |
| Grantee clearly identified | The deed must name the grantee (recipient) with enough specificity to identify them — full legal name and, for a trust, the full trust name and date. |
| Legal description of property | The deed must contain the full legal description of the property as it appears in the county's records — not just the street address. |
| Statement of consideration | Illinois deeds must state the consideration (what was paid). For family transfers, this is often "$10 and other good and valuable consideration." |
| PTAX-203 form | A Real Estate Transfer Declaration (PTAX-203) must accompany the deed at recording. This form reports the transfer to the Illinois Department of Revenue and is required even for exempt transfers. |
Recording and Transfer Tax
After execution, the quitclaim deed must be recorded with the county recorder of deeds where the property is located. Recording provides public notice of the transfer and protects the grantee's interest against subsequent purchasers. An unrecorded deed is valid between the parties but may be defeated by a later recorded deed or judgment lien.
Recording Requirements
- Original executed deed (with notary and witnesses)
- PTAX-203 Real Estate Transfer Declaration
- Transfer tax stamps (if tax is owed)
- Recording fee ($50–$100 in Cook County)
Common Transfer Tax Exemptions
- Transfers between spouses
- Transfers to grantor's revocable trust
- Transfers pursuant to divorce decree
- Gifts with no consideration (some exemptions apply)
- Certain transfers between parent and child
Frequently Asked Questions
Need a Quitclaim Deed Prepared Correctly?
Illinois Estate Law prepares and records quitclaim deeds for families, trusts, divorce situations, and title corrections throughout Illinois. One mistake can create a title defect that costs thousands to fix — let us get it right the first time.
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