The Washington 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 Washington, 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 Washington counties.
A Washington quit claim deed form (sometimes called a quick claim deed or quitclaim deed) transfers Washington real estate from the current owner (grantor) to a new owner (grantee) with no warranty of title. The grantee acquires whatever interest the grantor had in the property, but the grantor is not responsible for any title issues. Even if the grantor did not own the property, the grantee may not sue the grantor for failure to convey clear title to the grantee.
A quit claim deed is about risk allocation. The grantor that conveys property by quit claim deed form assumes no risk, and a grantee that acquires property by a quit claim deed form takes the title “as is” and cannot sue the grantor for title problems. Of the Washington deed forms, a quit claim deed is the least protective to the grantee and least risky to the grantor.
The terms quit claim and quitclaim are interchangeable. A Washington quit claim deed form may be correctly called a quitclaim deed form (with no space in “quitclaim”).
Some laypeople mistakenly refer to a quit claim deed as a quick claim deed. This is always incorrect. There is no such thing as a “quick deed” or “quick claim deed.”
In some states, including Texas and North Carolina, quit claim deeds are seldomly used due to title insurance underwriting requirements. Some title insurance companies in those states are reluctant to insure property that passes by quit claim deed. In those states, a different deed form called a deed without warranty (or no warranty deed) is often used as an alternative to a quit claim deed. Washington title insurance companies routinely insure quit claim deeds, so there is no need for a deed without warranty.
The term quit claim deed deals exclusively with the warranty of title omitted from the deed. It distinguishes the quit claim deed form from three other deed forms that provide a warranty of title. These other deed forms include:
A quit claim deed also differs from two other Washington deeds that are named after their use as estate planning tools to avoid probate:
Although a quit claim deed is legally distinct from a life estate deed, the same instrument can be both. If the deed creates a life estate but conveys the property without a warranty of title, the deed may be both a life estate deed and a quit claim deed.
A Washington quitclaim deed form is a very popular tool for transfers of Washington real estate without consideration (gifts of property). They are often used to transfer property between parties with a family connection or other close relationship to one another. Common examples include:
Quitclaim deeds are versatile tools that can be used in many other scenarios where the grantor does not wish to be legally responsible for title issues.
A Washington quit claim deed form is authorized by statute. RCW 64.04.050 includes specific language necessary to create a valid quit claim deed. It is important to get this language—as well as the deed title and any related warranty language—exactly right. Even a single word of difference can change the warranty or create an ambiguity in the deed that requires costly litigation to resolve.
In addition to meeting the specific requirements that apply to quit claim deed forms, the deed must also meet the requirements that apply more generally to other Washington 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.
Washington law is very specific about requirements for validity and recording. A deed prepared for use in another state—or, perhaps worse, a generic online fill-in-the-blank form—may not meet Washington requirements. Each deed created by our deed preparation service was attorney-designed to meet the requirements of Washington law and be eligible for recording in all Washington counties.