The difference between a quitclaim deed and a warranty deed comes down to one thing: protection. A warranty deed guarantees that the person transferring the property truly owns it, free of hidden claims, and promises to defend your title if a problem ever surfaces. A quitclaim deed makes no promises at all, it simply hands over whatever interest the person has, which could be full ownership or nothing. In New York, warranty-style deeds are used for arm’s-length sales, while quitclaim deeds are common for family transfers, divorces, and adding or removing someone from a title.
What a warranty deed does
A warranty deed offers the buyer the strongest protection. The seller guarantees they hold clear title, that there are no undisclosed liens or claims, and that they will stand behind the title against future disputes. Because it puts the seller on the hook, it is the deed buyers want in a normal sale where money changes hands.
One New York note: the most common deed in a NYC sale is actually the bargain and sale deed with covenant against grantor’s acts, a middle ground that promises the seller has not personally created any title problems, without the full guarantee of a general warranty deed. Your closing attorney or title company picks the right one for the deal.
What a quitclaim deed does
A quitclaim deed transfers only whatever interest the person actually has, with zero guarantees. If they own the home outright, you get the home. If their ownership turns out to be flawed, you inherit that flaw with no recourse. That is why quitclaims are used between people who trust each other or already share ownership:
- Transferring a home to a spouse, child, or family member
- Removing an ex-spouse from the title after a divorce
- Adding a spouse or partner to the deed
- Moving property into a trust or LLC
For any of those, a quitclaim is fast and simple, just not something you would accept from a stranger you are buying from.
Which one should you use?
If you are buying from someone at market value, you want the protection of a warranty or bargain-and-sale deed. If you are moving property within the family or cleaning up a title, a quitclaim usually does the job. Because the wrong choice can cost you protection you did not know you gave up, this is a question worth running by an attorney. We do not choose the deed type for you or give legal advice.
Both still have to be notarized and recorded
No matter which deed you use, New York requires it to be signed and notarized, then recorded with the city to become part of the public record. If you are transferring a deed in NYC, we can notarize it and handle the recording so it is filed correctly the first time.
Frequently asked questions
Is a quitclaim deed legal in New York?
Yes. Quitclaim deeds are valid in New York and widely used for family and title transfers.
Does a quitclaim deed remove me from the mortgage?
No. A deed changes ownership, not the loan. If your name is on the mortgage, it stays there until the loan is refinanced or paid off, even if you sign off the deed.
Do I need a lawyer for a quitclaim deed?
Not always, but because the deed affects ownership and taxes, many people have an attorney prepare it. We handle the notarization and recording, not the drafting.
This article is general information, not legal advice. Deed choices have legal and tax consequences, so consult a licensed attorney for your situation.