The Utah 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 Utah, 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 Utah counties.
A Utah quitclaim deed form (sometimes called a quick claim deed or quitclaim deed) allows the current owner (grantor) to transfer property to a new owner (grantee) without making any guarantees about whether the grantor has clear title to the property.
When a grantor conveys property by quit claim deed form, the grantee takes whatever interest the grantor has in the property. If it turns out that the grantor did not have clear title, the grantee cannot sue the grantor for breaching a warranty of title.
In Utah, a quit claim deed form is authorized by Utah Code § 57-1-13, which provides a suggested vesting language for the vesting paragraph of the quitclaim deed form.
Because the terms “quit claim” (with a space) and “quitclaim” (with no space) are interchangeable, a Utah quit claim deed form may also be called a quitclaim deed form. Either term is acceptable.
Some laypeople refer to a quit claim deed as a “quick claim deed” or “quick deed.” Both of these terms are incorrect and based on a misunderstanding of the law. There is no such thing as a “quick claim deed” or “quick deed.”
In some states—including Texas and North Carolina—title insurance companies prefer not to insure title to real estate that is transferred by quit claim deed. In those states, an alternative deed form called a deed without warranty or no warranty deed is used instead of a quit claim deed when the grantor does not want to be responsible for title issues. Because Utah title insurance companies routinely insure quit claim deeds, there is no need for an alternative. Quit claim deeds are commonly accepted in Utah.
By definition, a quitclaim deed form provides no warranty of title. The grantor is not responsible if it turns out that the grantor did not have clear title to the property. Even if the grantor did not own the property at all, the grantor is not legally responsible for breaching a warranty of title. The grantee simply accepts the title “as is” and has no legal recourse against the grantor if there is a problem with title.
A quitclaim deed form differs from two other Utah deed forms that are defined by their warranty of title:
A quitclaim deed form is also conceptually distinct from two other Utah deed forms that are named after their estate planning purpose of avoiding probate:
Because a life estate deed can be drafted to exclude a warranty of title, the same instrument can be both a life estate deed and a quitclaim deed.
In Utah, quitclaim deeds are popular tools for people that want to transfer property without consideration (by gift). They are often used for transfers between family members or other related parties. Common examples include:
Quitclaim deeds are also used in other contexts where the grantor is unwilling to provide a warranty of title and the grantee is willing to accept title to the property “as is.”
A Utah quitclaim deed must meet the requirements of Utah law. To help ensure that the deed is a valid quitclaim deed, it is good practice—though not strictly required—to follow the vesting language suggested by Utah Code § 57-1-13. Regardless of whether the statutory language is used verbatim, it is important to be sure that the warranty language is consistent with the deed type.
The deed must also meet the requirements that apply to Utah deeds in general. 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.
It is important for each Utah quitclaim deed to be created with Utah requirements in mind. A deed prepared for use in another state may not meet Utah’s requirements. Even worse, a fill-in-the-blank online deed form will usually omit important information and options. Each deed created by our online deed preparation service was attorney-designed to meet the requirements of Utah law. Our user-friendly interview provides the options to create a customized deed that is ready to file in all Utah counties.