Gottlieb Law, PLC provides this article for informational purposes only. Nothing herein creates an attorney-client relationship. Do not take action based on this article without consulting qualified legal counsel. Laws change, and only a licensed attorney can provide advice tailored to your specific situation.
What a Quitclaim Deed Actually Transfers (and What It Doesn’t)
A quitclaim deed allows the grantor to transfer whatever ownership interest they have in a property to the grantee. Importantly, it provides:
- No warranties of title
- No guarantees against liens or encumbrances
- No protection from competing claims
The grantee takes the property as is, subject to all existing title defects.
While this principle applies nationwide, Arizona’s recorder-specific filing requirements, exemption codes, and statutory deed language make precision essential. If a quit claim deed is drafted incorrectly—or filed without legal review—the deed may be rejected or fail to achieve the intended transfer.
For a deeper breakdown of quitclaim deeds compared with other deed types, see our legal perspective on Quitclaim Deeds in Arizona here. This article builds on that by focusing on local risk factors and filing strategies.
Real Examples: When Quitclaim Deeds Work (and When They Can Backfire)
Appropriate Uses
- Divorce Settlements: A spouse quitclaimed her interest in the marital home to her ex-husband per a divorce decree. By citing exemption code A5 (conveyance pursuant to court order, A.R.S. § 11-1134(A)(5)), the deed was accepted and recorded without issue.
- Family Transfers: Parents transferred a cabin into their family trust via quitclaim deed. With no monetary consideration, exemption code A4 applied, allowing smooth recording.
- Title Cleanup in Inheritance: An heir filed a quiet title action under A.R.S. § 12-1101 to secure clear title.
Problematic Uses
- Improper Transfers: A deed was rejected for failing to include the full legal description required by A.R.S. § 33-401. This delayed refinancing and forced redrafting.
- Sibling Land Disputes: A property gifted without documentation led to litigation. The quitclaim deed did not resolve potential tax and other issues and can still lead to legal issues if an underlying dispute exists.
Takeaway: Quitclaim deeds are valid legal tools, but they require accuracy, statutory compliance, and context-specific judgment and may not resolve underlying disputes.
Choosing the Right Deed in Arizona
Arizona recognizes several types of deeds, each serving different purposes:
- Quitclaim Deed – Transfers only the grantor’s interest; no warranties.
- Special Warranty Deed – Guarantees no encumbrances during the grantor’s ownership; limited scope.
- General Warranty Deed – Provides full title warranties against all claims, past and present.
- Beneficiary Deed – Transfers property to a named beneficiary at death, avoiding probate (A.R.S. § 33-405).
- Joint Tenancy Deed – Transfers property to two or more co-owners who accept the property as joint tenants with rights of survivorship.
Key Point: Selecting the wrong deed type can undermine your intent. Always confirm the deed structure with legal counsel before filing.
When transferring real estate in Arizona, selecting the appropriate type of deed is crucial to ensure the transfer aligns with your intentions and provides the necessary legal protections.
Common Filing Mistakes in Maricopa County
Many rejections comes from preventable errors:
- Incorrect parcel numbers (must match Assessor’s records exactly)
- Omitted exemption codes under A.R.S. § 11-1134
- Incomplete legal descriptions (shortened versions may be invalid)
- Poor scan quality or improper margins in e-recordings
Checklist Before Filing:
- Confirm exemption codes
- Match all legal names to prior deeds
- Use the statutory acknowledgment form with a clear notary seal
- Record promptly to avoid disputes or probate complications
Does a Quitclaim Deed Affect Your Mortgage or Liens?
Yes. A quitclaim deed:
- Does not remove existing mortgages or liens
- Does not release you from loan liability unless the lender agrees (e.g., refinance or assumption)
- May trigger lender action (such as acceleration of a HELOC) if transferred without consent
- Can have gift tax implications if the transfer exceeds annual IRS thresholds
Protect Your Property Transfer with Professional Legal Review
There are no second chances with real estate transfers and many people misuse deed transfers, which causes more legal headaches later on.
Gottlieb Law has reviewed countless quitclaim filings that were rejected, misfiled, or challenged later in court. From estate planning to divorce settlements, we don’t just draft your deed—we advise on your legal matter to ensure what type of property transfer makes the most sense and why. Gottlieb Law provides full-service legal work related to real estate law, deed preparation, legal review, and litigation, all tailored to your situation.
Call Gottlieb Law today at 602-899-8188 or use our Contact Us page here to schedule your initial consultation.
Gottlieb Law, PLC provides this article for informational purposes only. Nothing herein creates an attorney-client relationship. Do not take action based on this article without consulting qualified legal counsel. Laws change, and only a licensed attorney can provide advice tailored to your specific situation.