Arizona Quitclaim Deed Form – Summary

The Arizona quitclaim deed form gives the new owner whatever interest the current owner has in the property when the deed is signed and delivered. It makes no promises about whether the current owner has clear title to the property. In Arizona, quitclaim deeds are often used if the property is being transferred:

  • To a spouse or other family member as a gift;
  • To an ex-spouse following a divorce;
  • To change the nature of marital property;
  • To a living trust or business owned by the current owner;
  • To someone who will own the property with the current owners (adding someone to the deed);
  • From someone who no longer wishes to hold title (removing someone from the deed); or
  • In other circumstances where the current owner does not want to be legally responsible for problems with title.

Special language is required to ensure that the deed qualifies as a quitclaim deed. This language is automatically included by our deed preparation service and valid in all Arizona counties. Get Deed

How an Arizona Quitclaim Deed Form Works

What is an Arizona Quitclaim Deed?

An Arizona quitclaim deed (sometimes called a quitclaim deed or a quit claim deed) is used to transfer Arizona real estate with no warranty of title. The person creating the deed (grantor) does not guarantee that he or she owns the property or has the right to convey it to the new owner (grantee). Because there is no warranty of title, the person receiving the property assumes the risk of any title problems associated with the property. Quitclaim deeds are recognized by A.R.S. § 33-402.

Other Names for Arizona Quitclaim Deeds

An Arizona quitclaim deed form may also be called a quit claim deed (with quit claim rendered as two words). Many laypeople mistakenly call a quitclaim deed a quick claim deed, but this is incorrect. The correct term is quitclaim deed, and there is no such thing as a quick claim deed.

In some states—like Texas and North Carolina—quitclaim deeds are disfavored by title insurance companies. In those states, a different type of deed called a deed without warranty (or no warranty deed) is often used in lieu of a quitclaim deed when the owners want to transfer property with no warranty of title. Because Arizona quitclaim deeds are routinely accepted by title companies, there is no need for these other types of deeds.

Relationship of Quitclaim Deed Form to Warranty of Title

Key Term: Warranty of Title. Title issues can be caused by many things, including errors in the public record, unknown liens against the property, undisclosed prior conveyances, forged deeds, missing heirs or unprobated wills, or disputes about boundary lines or surveys. Title issues often require legal action to fix and can decrease the value of real estate. If the property has no title issues, it is said to have clear title. A warranty of title is a legal guarantee from the transferor to the transferee that there are no title issues. If a deed makes a warranty of title, the transferee can sue the transferor over any title issues.

The distinguishing feature of a quitclaim deed is the lack of a warranty of title. When a grantor signs a quitclaim deed, the grantor provides no warranty that the grantor has any title to or interest in the property or has the right to convey the property. If it turns out that there is a problem with title—or that the grantor did not own the property at all—the grantee is out of luck. The grantee simply accepts the property “as is” and cannot sue the grantor for failure to convey the property with clear title.

Example: Ashley conveys property to Brett using an Arizona quitclaim deed form. Two months after Brett acquired the property, Brett learns that Ashley had already sold the property to Cohen two years earlier. Brett cannot sue Ashley for breaching the warranty of title, because a quitclaim deed provides no warranty of title. Brett simply acquired whatever interest Ashley had in the property. If Ashley had no interest, Brett gets nothing.

The lack of a warranty of title separates Arizona quitclaim deed form from two other types of deeds defined by their warranty of title:

  1. Arizona Warranty Deed Form – An Arizona warranty deed form (also called a general warranty deed form) provides a broad warranty of title that guarantees that the grantor owns the property with free and clear title, has the right to convey the property, and will defend the grantee’s title against all claims, including those that arose before the grantor owned the property.
  2. Arizona Special Warranty Deed Form – An Arizona special warranty deed form provides a limited warranty of title that is not as broad as an Arizona general warranty deed. The warranty provided by a special warranty deed form only covers the period when the grantor owned the property. It does not cover claims that arose before the grantor owned the property.

An Arizona quitclaim deed form also differs from two other types of deed forms that are not named after the warranty of title:

  1. Arizona Life Estate Deed Form – A deed that gives the new owner (remainder beneficiary) immediate rights that become possessory on the death of the current owner (life tenant). A life estate deed avoids probate, but forfeits control. The life tenant cannot sell or mortgage the property without involving the future owners.
  2. Arizona Beneficiary Deed Form – A newer form of deed that, like a life estate deed, avoids probate at the owner’s death. Probate avoidance is accomplished through a transfer-on-death (TOD) designation. Unlike a life estate deed, the owner forfeits no control during life. The owner can sell or mortgage the property or revoke the beneficiary designation without involving the designated beneficiaries.

Even though these two deeds are not named after the warranty of title, a life estate deed may or may not have a warranty of title. This means that a life estate deed may also be a quitclaim deed, special warranty deed, or warranty deed, depending on the warranty of title or lack thereof.

Common Uses of Quitclaim Deeds

Because quitclaim deeds provide no warranty of title, they are usually used outside of the traditional sale context. In the sale context, a buyer is likely to require a warranty of title since the buyer is paying for the property. Quitclaim deeds are used when the grantee is not paying for the property. Common uses include:

Quitclaim deeds are often used in other contexts where no money is changing hands.

How to Create an Arizona Quitclaim Deed

Quitclaim deeds are recognized by A.R.S. § 33-402 and must meet the requirements of Arizona law for Arizona deeds. It is important to use deeds designed to comply with Arizona law, including the correct vesting language, warranty language, and page formatting requirements. An Arizona quitclaim deed form must also include the elements that are common in most Arizona deeds, including a valid legal description, statement of consideration, and a description of the manner in which co-owners will hold title.

Our online deed preparation service uses attorney-designed deeds designed to meet the requirements of Arizona law.