What Is a Disclaimer Deed?
A disclaimer deed (commonly called a quitclaim deed in most states) is the weakest form of property conveyance. The grantor says, in effect: "I transfer to you whatever interest I may have in this property, if any. I make no promises that I own it, that the title is clear, or that anyone else has a claim to it."
Compare this to a warranty deed, where the grantor promises: "I own this property, the title is clear, and I will defend your ownership against all claims."
When Disclaimer Deeds Are Used
- Divorce Transfers — One spouse transfers their interest in the marital home to the other spouse. Since both parties know the property, no title warranties are needed.
- Transfers to a Living Trust — An owner transfers their home into their own revocable living trust. Since the grantor and beneficiary are the same person, warranties are unnecessary.
- Clearing Title Defects — An heir who may (or may not) have a claim to a property signs a disclaimer deed to remove the potential cloud on title.
- Gifts Between Family Members — A parent transfers a vacation property to their child as a gift.
The Danger for Buyers
A buyer should never accept a disclaimer deed in an arm's-length purchase. Because the grantor makes no warranties, the buyer has no legal recourse if the title turns out to be defective. If a stranger sold you a house via disclaimer deed and it turns out they did not own it, you have no claim against them. You paid for nothing.
Related Terms
- Quitclaim Deed — The most common name for this type of deed
- Warranty Deed — The strongest deed type with full title guarantees
- Cloud on Title — A title defect often resolved with a disclaimer deed
Barnes Walker Real Estate Transactions
Barnes Walker's real estate attorneys advise Florida clients on the appropriate deed type for every transaction, ensuring buyers receive warranty deeds with full title protection and structuring family and trust transfers with the correct disclaimer or quitclaim instruments. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 689
Governs the requirements for transferring real property in Florida, including deed execution, delivery, and recording.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC