Quitclaim deeds in Maryland: what they do and when to use one

“Quitclaim deed” is one of the most searched deed terms, and one of the most misunderstood. In everyday use it means a deed in which the person giving the property makes no promise about the title: they pass along whatever interest they have, if any, and nothing more. This guide explains what that means under Maryland law, when it fits, and when it is the wrong tool. It is part of our guides to deed transfers for Maryland families.

What Maryland law says about deed promises

Maryland’s deed statutes describe two promises, called covenants, that a deed can carry:

• “Warrant generally.” The person giving the property promises to defend the title against every lawful claim by anyone.
• “Warrant specially.” The person giving the property promises to defend the title against claims by themselves and anyone claiming through them, but not against problems from before they owned it.

A deed that carries neither promise passes whatever interest the person giving it has, without those guarantees. That is what people mean by a quitclaim. The deed still has to name the people giving and receiving the property, describe it, and say what interest is being granted, and in Maryland every grant of land passes full ownership unless the deed says otherwise.

What a quitclaim deed does not do

• It does not avoid taxes. Recordation and transfer taxes depend on what is paid and whether an exemption applies, not on the kind of deed.
• It does not move the mortgage. The loan stays with whoever signed it.
• It does not fix title problems. An old lien, a missing heir or a boundary question stays with the property.
• It does not remove someone who does not sign. Each owner gives up only their own interest, and only by signing.
• It does not skip the recording rules. A quitclaim deed has to meet every Maryland recording requirement, described below.

When it can fit, and when it is the wrong tool

A deed with no warranty can make sense when the person signing is giving up a share they may or may not have, or when the people involved already know the title history: for example, a spouse releasing their interest after a divorce, or a co-owner stepping away from a property shared within a family. Our guides on removing a name from a deed and adding a name to a deed cover those situations.

It is the wrong tool when:

• you are selling to a buyer. The contract usually says what kind of deed the seller gives, and buyers and their lenders expect a promise about the title;
• there is a known problem with the title that a new deed will not cure;
• the goal is to pass the home on at death. Signing a deed now gives the property away now. Other tools, such as a will, a trust or a transfer-on-death deed, work differently; and
• you are not sure what the person signing actually owns. A title search answers that first. An owner’s title policy, which is optional in Maryland and paid once at settlement, is how a buyer protects against covered title problems; our title insurance page explains it.

What it takes to record any deed in Maryland

Whatever the deed is called, the clerk will record it only if it meets Maryland’s rules:

• Who prepared it. The deed must carry a certification that a Maryland attorney prepared it or supervised its preparation, or that a party named in the deed prepared it.
• The consideration. The deed, or an affidavit with it, must state what is paid, including any mortgage taken over, even when that is nothing.
• Printed names. Each signer’s name must be typed or printed above or below their signature.
• Taxes paid. The county’s tax collector must confirm the property taxes due have been paid and endorse the deed.
• The intake sheet. A completed intake sheet goes with the deed. It lists the parties, the consideration, the taxes and fees due, and each tax exemption being claimed.

Then the deed is recorded with the clerk of the circuit court in the county where the property is.

Recording a deed in Anne Arundel County

Our office is in Glen Burnie, so many of the deeds we record are for Anne Arundel County homes. They are recorded with the Clerk of the Circuit Court for Anne Arundel County, Land Records Department at 8 Church Circle, Annapolis, MD 21401. Before recording, the county’s Office of Finance endorses the deed and collects the county transfer and recordation taxes due, if any. A deed between spouses or former spouses is not subject to recordation tax or the state transfer tax; whether a county transfer tax applies depends on the county’s own law, so we check it before recording.