Quit Claim Deeds

If you’re looking to move property between family members or update a title after a marriage, you’ve likely stumbled upon the Quit Claim Deed. In Arizona, it’s one of the most common ways to transfer real estate—but it’s also one of the most misunderstood.

Think of it as the "as-is" sale of the real estate world. It’s fast, it’s relatively simple, but it comes with some "buyer beware" energy that you need to understand before signing on the dotted line.

What is a Quit Claim Deed?

In simple terms, a Quit Claim Deed transfers whatever interest a person (the Grantor) has in a property to someone else (the Grantee).

The "catch" is in the name: the Grantor is "quitting" their claim. They aren't promising that they actually own the property or that the title is clear of liens. They are simply saying, "Whatever I own here, I’m giving to you."

Common Uses in Arizona

• Divorce: One spouse transferring their portion of the community property to the other.

• Family Gifts: Parents transferring a home to their children.

• Business Transfers: Moving property from your personal name into an LLC.

• Clearing Title: Fixing a "cloud" on a title (like a misspelled name on a previous deed).

  
  

The Arizona Essentials

While every state has its own quirks, Arizona has specific requirements to make a deed legally binding:

1. The Legal Description: You can't just put "the blue house on McDowell Rd." You must include the full legal description (lot, block, and subdivision) as found on the original deed.

2. The Parties: Full names and addresses of both the Grantor and Grantee.

3. Notarization: The Grantor must sign in front of a notary public.

4. Affidavit of Property Value: In Arizona, most deeds must be accompanied by an Affidavit of Property Value. This tells the county the sale price (even if it's $0) for tax purposes. If the transfer is a gift between family members, you may be able to file an Exemption instead.

   
   

Why You Should Be Careful

Because a Quit Claim Deed offers zero warranties, it’s rarely used in traditional home sales. If you "buy" a house via Quit Claim and later find out there is a $50,000 tax lien on it, or that the seller didn't actually own it—you’re usually stuck with that mess.

Pro-Tip: A Quit Claim Deed transfers ownership, but it does not transfer the mortgage. If you remove your name from a deed via Quit Claim but your name is still on the loan, you are still legally responsible for the payments!

How to Record It

Once the deed is signed and notarized, it’s not "official" until it’s recorded with the County Recorder in the county where the property is located (e.g., Maricopa, Pima, or Pinal).

Step	Action
1	Draft the deed with the correct legal description.
2	Sign in the presence of a Notary Public.
3	Complete the Affidavit of Property Value (or Exemption).
4	Take it to the County Recorder’s office and pay the recording fee.

If you're doing this for a specific reason—like moving a rental property into an LLC—there might be tax implications you'll want to avoid. Check with your tax professional.