Arizona Quitclaim Deed Form

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Jeramie Fortenberry

Attorney (J.D., LL.M.)

What is an Arizona Quitclaim Deed Form?

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.¹

The person signing a quitclaim 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.

Other Names for an Arizona Quitclaim Deed Form

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.

How do Arizona Quitclaim Deed Forms Relate to Other Forms of Deeds?

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.

In commercial settings, where a buyer is paying for the property, quitclaim deeds are almost always supplemented with title insurance to provide protection to the buyer.

Quitclaim Deeds and Other Arizona Deeds Used in Estate Planning

An Arizona quitclaim deed form also differs from two other types of deed forms that are not named after the warranty of title, but are used to avoid probate:

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 Arizona Quitclaim Deed Forms

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:

• Gifts (transfers without consideration) to family members like children;
• Transfers to one spouse to remove an ex-spouse from title to real estate following a divorce;
• Transfers between spouses to convert separate property to community property or to convert community property to separate property; or
• Transfers to living trusts or LLCs.

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

How to Create an Arizona Quitclaim Deed

Quitclaim deeds must meet the requirements of Arizona law for Arizona deeds.² 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.

1. See A.R.S. § 33-402(1).
2. See A.R.S. § 33-402(1).