Quitclaim Deed in Illinois
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- Family Transfers, Divorce, Trusts, and Title Fixes
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What Is a Quitclaim Deed in Illinois?
A quitclaim deed transfers whatever interest the person signing it actually owns, and it makes no promises about the title. If the signer owns the property free and clear, the new owner gets full ownership. If the signer owns only half, or owns nothing at all, that is exactly what passes. A quitclaim deed makes no warranty that the title is good, that there are no liens, and that nobody else has a claim. It moves the rights the grantor has, and no more.
That is the key thing to understand. Illinois recognizes the quitclaim deed by statute under the Illinois Conveyances Act, 765 ILCS 5/10. The statutory form uses the words “convey and quit claim.” Because it carries no guarantee, a quitclaim deed is the right tool in some situations and the wrong tool in others. Getting that choice right, and getting the document itself right, is where Olson & Reeves comes in.
A quitclaim deed is fast and simple, but it protects the person receiving the property the least. When the people involved trust each other, that is fine. When money is changing hands between strangers, it is not. The rest of this page explains when a quitclaim deed makes sense, when it does not, and how an Illinois deed is prepared and recorded so it holds up.
When a Quitclaim Deed Is the Right Tool
A quitclaim deed works best when the people on both sides already trust each other and nobody is paying full market value for a clean, guaranteed title. In those cases the lack of warranties does not matter, because no buyer is relying on a promise. These are the situations where we most often prepare one:
Transfers between family members. Parents adding a child to the title, gifting a home, or moving property among relatives.
Divorce. One spouse signs the marital home over to the other as part of a divorce settlement, so only one name remains on the title.
Adding or removing a spouse. Putting a new spouse on the title after a marriage, or taking a former spouse off after a split.
Moving property into a trust. Funding a living trust by transferring the home from your own name into the name of the trust as part of an estate plan.
Fixing small title problems. Correcting a misspelled name, clearing up a minor ownership question, or releasing a possible interest so the record reads cleanly.
In each of these, the goal is to move title between people who know exactly what they are getting. A quitclaim deed does that quickly and at low cost.
The Risk: A Quitclaim Deed Comes With No Guarantee
Here is the part that gets people in trouble. A quitclaim deed gives the new owner no protection if the title turns out to be bad. If there is an unpaid lien, an old mortgage, a missing heir, or someone else with a claim, the person who received the quitclaim deed is stuck with it. The grantor promised nothing, so there is nothing to fall back on.
That is why you should never accept a quitclaim deed when you are buying property from someone you do not know. If you are paying real money to a stranger, you want a warranty deed and a title insurance policy standing behind it, not a document that simply hands over whatever the seller may or may not own. A quitclaim deed is for trusted transfers, not arm’s-length sales. Before we prepare any deed, our affiliated title company can run a title search so you know what is actually on the record.
Quitclaim Deed vs. Warranty Deed vs. Special Warranty Deed
Illinois uses three main deed types, and the difference between them is simple: how much the person signing promises about the title. The table below lays out what each one guarantees and when it is normally used.
| Deed Type | What the Signer Promises | Common Use |
| Quitclaim Deed | No promises at all. Transfers only whatever interest the grantor happens to own | Family transfers, divorce, adding or removing a spouse, funding a trust, fixing small title issues |
| Special (Limited) Warranty Deed | Promises the title is clear only for the time the grantor owned it, not before | Sales by banks, estates, trustees, and businesses that will only vouch for their own period of ownership |
| Warranty Deed | The strongest promise. Guarantees clear title against all claims, even from before the grantor owned it | Standard home sales between a buyer and seller who are not related, usually with title insurance |
The warranty deed and its statutory form appear in the Conveyances Act at 765 ILCS 5/9. If you are buying a home from someone you do not know, you want this deed. If you are moving property within the family or settling a divorce, a quitclaim deed is usually all you need.
How an Illinois Quitclaim Deed Is Prepared and Recorded
A deed looks like a short, simple document, and that is exactly why people get hurt by it. A deed that is even slightly wrong can cloud the title for years and surface at the worst possible time, often when the family later tries to sell or refinance and the closing grinds to a halt. This is not the place for a fill-in-the-blank form off the internet. Olson & Reeves prepares deeds correctly the first time. Here is what goes into doing it right:
The correct legal description. The deed must carry the exact legal description from the existing record, not the street address. A wrong or sloppy description can transfer the wrong land, or nothing at all.
The permanent index number. The property’s permanent index number (PIN) ties the deed to the right parcel in the county records. It has to match.
Proper signing and notarization. The grantor must sign, and the signature must be acknowledged before a notary. A deed that is not properly signed and notarized cannot be recorded.
The transfer declaration. Illinois requires a real estate transfer declaration with the deed. Many family and divorce transfers qualify for an exemption, but the declaration and the right exemption language still have to be completed correctly.
Recording with the county. Once signed, the deed is recorded with the county recorder so the transfer becomes part of the public record. An unrecorded deed leaves the title in limbo.
We handle every one of these steps, and because we run an attorney-owned title company, we can check the title before we draft and make sure the deed actually accomplishes what you want.
Olson & Reeves: Deeds Done Right, Title Checked First
Olson & Reeves co-owns and operates Mt. Vernon Title Company, so a deed is never prepared in a vacuum. The same office can search the title, confirm who actually owns what, prepare the correct deed, and record it. We are based in Mt. Vernon, Illinois and prepare and record deeds for clients across Jefferson, Marion, Washington, Clinton, Wayne, Hamilton, Franklin, and the surrounding counties.
If a quitclaim deed is the right move, we will tell you. If your situation calls for a warranty deed, a title fix first, or a different tool entirely, we will tell you that too. To learn more about how we handle title and closings, see our Southern Illinois real estate and title attorneys page, our overview of clearing title problems before closing, and our title services for real estate professionals.
Quitclaim Deed FAQ
What does a quitclaim deed actually transfer?
A quitclaim deed transfers whatever interest the person signing it owns at that moment, and nothing more. If the grantor owns the property outright, full ownership passes. If the grantor owns half, or owns nothing, that is what the new owner receives. A quitclaim deed makes no promise that the title is good or free of liens.
This is why a quitclaim deed is best for transfers between people who trust each other and already know the ownership situation. Illinois recognizes the quitclaim deed by statute under the Conveyances Act, 765 ILCS 5/10.
What is the difference between a quitclaim deed and a warranty deed?
A warranty deed guarantees clear title and backs that promise with the grantor’s word, so the buyer can sue if a hidden claim appears. A quitclaim deed guarantees nothing. It transfers only the interest the grantor has, with no protection if the title turns out to be defective. A warranty deed protects a buyer; a quitclaim deed does not.
Use a warranty deed for a normal home sale between people who are not related, usually paired with title insurance. Use a quitclaim deed for family transfers, divorce, and similar situations where no one is relying on a title guarantee.
When should I use a quitclaim deed in Illinois?
Use a quitclaim deed when you are moving property between people who trust each other and no one is paying market value for guaranteed title. Common uses include transfers between family members, divorce settlements, adding or removing a spouse from the title, funding a trust, and fixing small title problems like a misspelled name. The lack of warranties does not matter in these cases.
It is the wrong tool for an ordinary sale to a buyer you do not know, where the buyer needs the protection of a warranty deed. We help clients pick the right deed for the situation.
Should I accept a quitclaim deed when buying a house?
No, not when you are buying from someone you do not know. A quitclaim deed gives you no protection if the title has a lien, a missing heir, or another claim, because the seller promises nothing. If you are paying real money in an arm’s-length sale, insist on a warranty deed and a title insurance policy. Save the quitclaim deed for trusted family or divorce transfers.
Before any purchase, a title search tells you what is actually recorded against the property. Our affiliated title company can run that search so you know what you are buying before you sign anything.
What is a special or limited warranty deed?
A special warranty deed, also called a limited warranty deed, sits between a quitclaim deed and a full warranty deed. The grantor promises the title is clear only for the period they owned the property, not for anything that happened before. It is common in sales by banks, estates, trustees, and businesses that will vouch for their own time of ownership but no further back.
A full warranty deed covers the entire history of the title, even claims that predate the grantor’s ownership. A buyer gets less protection from a special warranty deed, so it is worth knowing which one you are being offered.
Does a quitclaim deed remove someone from a mortgage?
No. A quitclaim deed only changes who is on the title, not who owes the mortgage. If a spouse signs a quitclaim deed in a divorce, they give up ownership but stay responsible for the loan unless the lender formally releases them, usually through a refinance. The deed and the mortgage are two separate things, and one does not undo the other.
This trips up a lot of people in divorce. Before signing a deed, make sure you understand what happens to the mortgage, so you are not left owing a loan on a house you no longer own.
Can a quitclaim deed be used to put a house into a trust?
Yes. A quitclaim deed is one way to move a home from your own name into the name of your living trust, which is part of funding the trust in an estate plan. Because you are transferring to your own trust, the lack of warranties is not a concern. The deed must still be prepared with the correct legal description and recorded properly to be effective.
Funding a trust is a step people often forget, which leaves the home outside the plan and exposed to probate. We coordinate the deed with the estate plan so the property ends up where it belongs.
What happens if a deed is filled out wrong?
A deed that is even slightly wrong can cloud the title for years. A bad legal description, the wrong permanent index number, a missing signature, or a botched notarization can make the transfer ineffective or unrecordable. The problem often stays hidden until the family tries to sell or refinance, and then the closing stops cold until the defect is cured.
This is exactly why a deed is not a job for a blank form off the internet. We prepare the deed correctly the first time and, through our title company, confirm the record is clean before and after it is recorded. See our overview of clearing title problems before closing.
How is a quitclaim deed recorded in Illinois?
After the grantor signs the deed before a notary, it is recorded with the county recorder where the property sits, along with the required real estate transfer declaration. Recording makes the transfer part of the public record and protects the new owner’s interest. An unrecorded deed leaves the title unclear, so recording is not an optional last step.
Many family and divorce transfers qualify for a transfer tax exemption, but the declaration and exemption language still have to be filled out correctly. We handle the signing, the declaration, and the recording so nothing is missed.
Need a Quitclaim Deed Prepared in Illinois?
Whether you are transferring property to family, settling a divorce, funding a trust, or fixing a title problem, Olson & Reeves will prepare and record the right deed and check the title first through Mt. Vernon Title Company. A deed done right protects you for years. A deed done wrong haunts the next sale.
Call us today at (618) 316-7322 or fill out the form below to Schedule Your Real Estate Consultation.