The Virginia 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 Virginia, 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 Virginia counties.
A Virginia quitclaim deed form (sometimes called a quick claim deed or quit claim deed) transfers Virginia real estate from the current owner (grantor) to the new owner (grantee) without a warranty of title. The grantee acquires only the interest that the grantor had. If the grantor did not have clear title—or if the grantor did not own the property at all—the grantee cannot sue the grantor for breach of warranty of title.
Quit claim deeds deal with risk allocation. A quit claim deed places all of the risk on the grantee and none on the grantor. The grantee simply accepts title to the property “as is” and has no legal recourse against the grantee if it turns out that there are title problems.
A Virginia quit claim deed form may also be properly called a quitclaim deed form. The terms “quit claim” (with the space) and “quitclaim” (with the space removed) are interchangeable. Some laypeople refer to a quit claim deed form as a quick claim deed. This is always incorrect. There is no such thing as a quick claim deed.
In some states—including Texas and North Carolina—title insurance companies are sometimes willing to insure title for property that is transferred by quit claim deed. In those states, attorneys often use an alternative deed form called a deed without warranty (or no warranty deed) to transfer property without a warranty of title. Because Virginia title companies routinely insure property transferred by quit claim deed, quit claim deeds are perfectly fine in Virginia and these other types of deeds are unnecessary.
The name quit claim deed form refers exclusively to the warranty of title provided—or, in this case, not provided—in the deed. It distinguishes quit claim deeds from two other popular Virginia deed forms that provide a warranty of title:
The name quit claim deed form also distinguishes quitclaim deed from two other Virginia deed forms that are named after estate planning (probate avoidance) features other than the warranty of title:
The same deed may have multiple names. Because a life estate deed can include language that includes or excludes a warranty of title, a life estate deed may also be a quit claim deed, special warranty deed, or warranty deed.
Quit claim deeds are very popular tools for transfers between related parties. Common examples include:
Because a quitclaim deed provides no protection to the grantee, a grantee that is paying full value for the property will often prefer a warranty deed or special warranty deed to a quitclaim deed. For this reason, quitclaim deeds are not as popular in the sale context. But in some situations, even a grantee that is paying full price may accept a quit claim deed if a title insurance policy is also purchased in connection with the sale.
To create a valid Virginia quit claim deed, special care must be taken to ensure that no warranty of title is created. This is usually accomplished by using very specific language (for example, “remise, release, and forever quit claim”) in the vesting paragraph of the deed. This language—or something similar—is routinely interpreted to create a quit claim deed under Virginia law.
Virginia quit claim deeds must also meet the general requirements that apply to other Virginia 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.
It is important to get the vesting language right and satisfy the requirements of Virginia law. Deeds created for use in other states—or, even worse, generic fill-in-the-blank forms—may be invalid under Virginia law or cause title problems that require costly litigation to correct. Each deed created by our online deed preparation service was attorney-designed to meet the requirements of Virginia law and be eligible for recording in all Virginia counties.