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What are Quit Claim Deeds in Ohio Real Estate?
5 Components of Quit Claim Deeds
Like other deeds and affidavits, there are 5 core legal components to a quit claim deed: Statement of Ownership, Legal Description of the Property, Notarization of the Document, Recording & Filing the Document, and No Covenants or Warranties Clause.
In a Quit Claim, a person is surrendering their claim to a property interest and may or may not be able to validate their claim is even viable during the process.
Statement of Ownership Transfer
The Statement of Ownership verifies the grantor’s ownership interest of the property being sold but provide no guarantee on the ownership nor the validity of the title.
Buyer
The Buyer receives whatever interest the seller may have in the property. That interest could be full ownership to none. There is no clear guarantee of the title.
Seller
The Seller is able to avoid liability on the transfer of the property for any title defects or any additional claims.
No Covenants or Warranties
Typically, a deed receives the opposite, and includes a number of warranties around the validity of the title and any encumbrances that may affect the title.
In a Quit Claim deed the Seller is providing no such warranties that future claims might arise.
Buyer
The Buyer is accepting the property “as is”. Researching the title before closing is important to understand what you are buying.
Seller
The Seller is essentially “washing their hands” of the property and any interest they may think or actually do have in the property.
Legal Description of the Property
The legal description of the deed may include but is not limited to: metes and bounds of the property, lot and block description, parcel number for the land, land use authorizations, the physical address of the property and that of the deed holder. The legal description may include improvements, tax levies and other relevant information to assess the current value of the property.
Buyer
The purpose of the legal description is to provide clarity to the buyer on the condition, status, and geo-location aspects such as taxing authorities and permissible uses (zoning) before buying the property.
Seller
The Seller is essentially “washing their hands” of the property and any interest they may think or actually do have in the property.
legal authorization
In order for a deed to be legally transferred and property sold in the State of Ohio, the deed must be notarized and/or authorized by any of several parties including authorized representatives of the courts and the County Clerks office.
Buyer
The Buyer receives the assurance that the signature on the deed and the intent to sell is valid under State law.
Seller
The Seller grants the assurances they are authorized to sell the property legally under State Law.
recording at county recorder's office
In Ohio, the deed transfer is not in effect until it is filed and publicly listed with the County Recorder in which the property is located.
Buyer
The recording of the sale in the County Recorder’s office protects the Buyer against future disputes by documenting the transfer.
Seller
The listing by the County Recorder formalizes the release of the property for the Seller.
Why Use a Quit Claim Deed?
| Use Case | Example Situations | Why Quitclaim is Used |
| Transfers Between Family Members | – Gifting property to a child or relative. – Adding/removing a spouse after marriage or divorce. | Trust exists between parties, so title guarantees are less critical. |
| Correcting Title Errors | – Fixing misspelled names. – Updating property boundaries or legal descriptions. | Simple way to resolve errors without needing a warranty deed. |
| Clearing Title Defects | – Resolving ownership disputes. – Removing a former owner or claims. | Quickly relinquishes ownership to clear “clouds” on the title. |
| Property Transfers Without Payment | – Gifting property to a trust, charity, or LLC. – Transfers within a business or estate planning. | No financial consideration, so no need for warranties or covenants. |
| For Sale by Owner | – Private sales where the buyer accepts risks. | Rarely used, as buyers usually demand title guarantees. |
| Short Sales | – Transferring property during a short sale (selling for less than mortgage balance). | Simplifies transfer for financially complicated properties. |
| “We Buy Properties” Transactions | – Investors buying distressed properties. – Buyers assuming title and mortgage. | Used for quick, low-cost transfers where buyers accept potential risks like liens or encumbrance |
FAQ About Quit Claim Deeds in Ohio Real estate
For family property transfers, resolving title issues, or adding/removing a person from the title.
No, it only transfers the grantor’s interest, which could be none.
Highly recommended to avoid surprises.
Rarely, as it provides no buyer protection.
Yes, when properly signed, notarized, and recorded.
- Transferring property between family members (e.g., parents to children or siblings).
- Resolving ownership disputes or title defects (e.g., fixing an error in a prior deed).
- Adding or removing a person from a title, such as during a divorce or when adding a spouse after marriage.
Rarely, as they provide no buyer protection. They may be used in commercial cases only when the buyer explicitly accepts the risks involved.
If the grantor has no ownership or legal interest, the deed conveys nothing. The buyer assumes all risk in such cases.
No, once the deed is executed, notarized, and recorded, it is legally binding and cannot be unilaterally revoked by the grantor.
No, it does not remove or resolve existing mortgages or liens. The property is transferred subject to these obligations, and they remain the responsibility of the buyer.
Quit Claims are a Rare Use case
While Quit Claims are a legally binding agreement in the State of Ohio for real Estate Law, they are not commonly used for a variety of reasons. Chief among those reasons is the liability fully shifts to the buyer.
There may be uses with For Sale By Owner or maybe a Short Sale but often the lender will require a General Warranty Deed to secure the financing to acquire the property.
If you are considering a Quit Claim for a property in Ohio, contact The Law Office of Matthew Schwartz for a consult on whether or not Quit Claim is the right deed transfer for your property.
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What is a General Warranty Deed in Ohio Real Estate Law
The General Warranty Deed provides the highest level of protection for buyers in Ohio real estate transactions. The grantor guarantees that they hold a clear title free of encumbrances and promises to defend the title against future claims, even those predating their ownership.
What is a Special Warranty Deed in Ohio Real Estate Law
A Special Warranty Deed limits the grantor’s guarantees to issues arising only during their period of ownership. It protects the grantee against claims from the grantor’s time but not before.
What is a Fiduciary Deed in Ohio Real Estate Law
A Fiduciary Deed is a type of deed used when a property is transferred by a fiduciary, such as an executor, trustee, guardian, or conservator, who is acting on behalf of another party. In Ohio, fiduciaries use this deed to sell or transfer property without making personal warranties about the title.
What is a Quitclaim Deed in Ohio Real Estate Law
A quitclaim deed is a legal document used to transfer any ownership interest the grantor (person transferring the property) may have in a property to a grantee (person receiving the property). Unlike other types of deeds, a quitclaim deed provides no warranties or guarantees about the property’s title. It only conveys the grantor’s current interest, if any, and does not promise that the grantor actually owns the property or that the title is clear of liens or encumbrances.
6 Types of Deeds In Ohio for Transferring Real Estate
A Deed is a legal document created for the conveyance of title to real estate in Ohio. Understanding the different types of deeds available can empower buyers, sellers, and real estate professionals to navigate transactions with confidence.
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The information contained on this website is presented for informational and marketing purposes only and is not to be understood as legal advice. You should consult an attorney for advice respecting your individual needs. The Law Office of Matthew A. Schwartz looks forward to speaking with you about your particular needs. Please note, however, that the mere act of contacting our firm does not create an attorney-client relationship. As a result, you should never send any confidential information to our office until a Representation Agreement has been signed by both you and The Law Office of Matthew A. Schwartz.
