Utah Quitclaim Deed Form

What is a Utah Quit Claim Deed?

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.

Other Names for a Utah Quit Claim 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.

Relationship of Quitclaim Deed Form to Warranty of Title

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.

Key Term: Warranty of Title. Title issues can be caused by many things, including errors in the public record, unknown liens against the property, undisclosed prior conveyances, forged deeds, missing heirs or unprobated wills, or disputes about boundary lines or surveys. Title issues often require legal action to fix and can decrease the value of real estate. If the property has no title issues, it is said to have clear title. A warranty of title is a legal guarantee from the transferor to the transferee that there are no title issues. If a deed makes a warranty of title, the transferee can sue the transferor over any title issues.

A quitclaim deed form differs from two other Utah deed forms that are defined by their warranty of title:

1. Utah Warranty Deed Form – Also called a general warranty deed form, it provides a full warranty of title that covers all title problems, including those that arose before the grantor owned the property.
2. Utah Special Warranty Deed Form – Provides a limited warranty of title that only covers the period that the grantor owned the property.

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:

1. Utah TOD Deed Form – Also called a transfer-on-death deed, a TOD deed form allows the owner to retain complete control during life and avoid probate at death. The owner can freely sell or mortgage the property or change or revoke the beneficiary designation without the consent of the beneficiaries.
2. Utah Life Estate Deed Form – Avoids probate at death, but also sacrifices control during life. Although the owner can continue to use the property, he or she cannot deal with it or change the beneficiaries without the consent of the beneficiaries.

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.

Common Uses of Quitclaim Deeds

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:

• Adding a new spouse to a title deed after a marriage;
• Removing an ex-spouse from the title after a divorce;
• Transferring property to children or other family members;
• Adding someone to the title with a right of survivorship to avoid probate; or
• Transferring property to an LLC or living trust owned or controlled by the grantor.

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.”

How to Create a Utah Quitclaim Deed

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.