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What Is a Quit Claim Deed and When Should Minnesota Homeowners Use One?

  • Writer: Jason Iannazzo
    Jason Iannazzo
  • May 15
  • 3 min read

A quit claim deed is one of the simplest and most misunderstood documents in Minnesota real estate. It transfers whatever interest the seller has in a property to a buyer — with no promises that the seller actually owns it, no warranty that the title is clean, and no protection for the receiving party if a problem surfaces later.

Used correctly, a quit claim deed is a fast, cheap tool for moving title between parties who already trust each other. Used incorrectly, it creates title problems that take months to unwind. Here's how it actually works in Minnesota and when it's the right call.

What a Quit Claim Deed Does

A quit claim deed says: I'm transferring whatever interest I have in this property to you. I'm not promising what that interest is or whether it's clean.

Compare this to a warranty deed, which says: I'm transferring this property to you and I promise the title is clean. If problems surface later, I'm responsible for them.

The legal difference is enormous. The cost difference is small. A quit claim deed runs about $46 in recording fees plus drafting (often $50-200 with an attorney). A warranty deed has the same recording cost plus, typically, title insurance to back the warranty — adding several hundred to several thousand dollars depending on property value.

When a Quit Claim Deed Is the Right Tool

Family transfers. Parents adding adult children to title for estate planning purposes, or removing a former spouse from title after a divorce.

Adding or removing a co-owner. Putting a spouse on title after marriage, or removing them after divorce per a divorce decree.

Transferring to a trust. Moving a property from individual ownership into a revocable living trust as part of estate planning.

Correcting a defective deed. When an earlier deed had a typo or missed a name, a quit claim deed can be used to clean up the chain.

Transferring between business entities. Moving a property from one LLC to another the same owner controls. In each of these cases, the parties already know what they have. The quit claim deed is a procedural tool, not a sale.

When a Quit Claim Deed Is the Wrong Tool

Selling to a stranger. A buyer who accepts a quit claim deed from a seller they don't know is buying whatever the seller has — which might be nothing at all. A scammer who doesn't own a property can quit-claim their interest (zero) to a buyer for cash, and the buyer ends up with nothing.

Removing a name from a mortgage. A quit claim deed transfers title, not the mortgage. If your name is on the loan, removing yourself from title doesn't remove you from the lender's records. You're still on the hook.

Replacing a will or estate plan. A quit claim deed at death is sometimes proposed as an alternative to probate. In some cases this works (such as a properly executed Transfer-on-Death Deed), but a generic quit claim deed signed before death may be void if the grantor didn't have legal capacity, or may create unintended tax consequences.

What to Do If You Need One

Have an attorney draft it. Most Minnesota estate or real estate attorneys handle quit claim deeds for $100-300 as a flat fee. Doing it yourself with a form is technically possible, but a defective deed is harder to fix than a clean draft.

Have it notarized. The grantor's signature must be notarized. Record it with the county recorder where the property is located — recording fees are typically $46 in Minnesota. The deed isn't legally effective until recorded.

What Happens When the Title Is Just Confusing

We talk to homeowners in Minnesota who've inherited title issues from previous owners — quit claim deeds in the chain, missing signatures, recording errors, undocumented co-owners. Most of these can be fixed, but the path depends on what's actually wrong.

If you're not sure what's on your deed and what it means for your ability to sell, we're happy to take a look. We'll point you to the right kind of attorney if it's an attorney problem, or to a title company if it's a title company problem. Either way, you'll come out of the conversation knowing more than you did going in.

If you'd like to talk: (612) 509-0601 or contact@newchapterhomereliefsolutions.com.

 
 
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