The Indiana quit claim 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 Indiana, quit claim deeds are often used if the property is being transferred:
Special language is required to ensure that the deed qualifies as a quit claim deed. This language is automatically included by our deed preparation service and valid in all Indiana counties.
An Indiana quit claim deed form (sometimes called a quick claim deed or quitclaim deed) transfers Indiana real estate from the current owner (grantor) to the new owner (grantee) with no warrant of title. The grantee acquires whatever interest the grantor had, but may not sue the grantor if it turns out that the grantor did not own or have clear title to the property.
The terms quit claim deed and quitclaim deed are both correct and can be used interchangeably. Although some laypeople use the term quick claim deed (substituting “quick” for “quit”), that term is always incorrect. There is no such thing as a “quick claim” deed.
In some states—including Texas and North Carolina—title companies can be reluctant to ensure title that is transferred using a quit claim deed. In those states, a deed without warranty (also called a no warranty deed) is often used in lieu of a quit claim deed. Because quit claim deeds are commonly used in Indiana, there is no need for a deed without warranty. An Indiana quit claim deed is a perfectly valid way to transfer Indiana real estate.
The term quitclaim deed deals exclusively with the absence of a warranty of title. This lack of a warranty of title distinguishes a quitclaim deed from from two other Indiana deed forms that are named after their warranty of title:
The name quitclaim deed also distinguishes an Indiana quitclaim deed form from two types of estate planning deeds that are named after their probate avoidance features:
An Indiana life estate deed can be drafted to provide no warranty of title. In that situation, the same deed may be both an Indiana life estate deed and an Indiana quitclaim deed.
When a buyer is paying for real estate, the buyer will often insist that the property be conveyed with a warranty of title. Because an Indiana quit claim deed form provides no warranty of title, it is rarely used in the sale context, where warranty deeds or special warranty deeds are more common. A quit claim deed form is more often used when no money (consideration) is changing hands. Common uses include:
An Indiana quitclaim deed must meet all of the requirements that apply more generally to other Indiana deed forms. These requirements include a valid legal description, statement of consideration, and a description of the manner in which co-owners will hold title, font size and page format requirements, and signature and notarization requirements.
For the deed to be valid as a quitclaim deed, special care must also be taken with the vesting language and any warranty language included in the deed. A difference of even a single word can result in the inclusion of a warranty or the creation of a different type of deed.
Because Indiana’s requirements differ from the requirements of other states, each deed should be drafted to comply with Indiana law. Many generic fill-in-the-blank-style forms do not comply with these requirements and may result in an invalid deed. Each deed prepared by our online deed preparation service was attorney-designed to comply with Indiana law and be eligible for recording in all Indiana counties.