Quit Claim Deed Form Template for England and Wales

A quit claim deed (also spelled quitclaim deed) is a property transfer document used in England and Wales when you need to release or transfer your ownership interest in real property without making any warranties about the title. It transfers whatever interest you may hold, if any, from grantor to grantee, without guaranteeing that you own the property or that the title is clear of encumbrances. For that reason it differs from a warranty deed, where the seller stands behind the state of the title.

What is a quit claim deed?

A quit claim deed is a real estate instrument that passes the grantor's current interest to the grantee with no promises attached. If the grantor owns a full legal estate, the grantee receives it. If the grantor owns nothing, the grantee receives nothing, and there is no recourse for the shortfall. This makes the quit claim deed suited to situations where the parties already trust each other or where the exact ownership interest is uncertain, rather than to an arm's-length sale.

When do you need this document?

You typically need a quit claim deed when dealing with uncertain ownership or family property transfers. Common scenarios include divorce proceedings where one spouse releases their claim to a shared home, family members transferring property between themselves, clearing up a defect or cloud on title, resolving a boundary question over adjoining land, or removing a name from the register. It is also used when settling an estate where the deceased person's exact interest in the property is unclear, or when business partners are dividing jointly held real estate.

Quit claim deed vs warranty deed

Under real estate law in England and Wales, the difference between a quit claim deed and a warranty deed comes down to what the grantor promises the grantee about the title.

A quit claim deed carries no covenants for title, so the grantee takes the property as it stands. Because of this, it is best used where value is not changing hands for the interest, or where the parties knowingly accept the risk. If you are buying property outright from someone you do not know, a warranty-based transfer such as a full conveyance is usually more appropriate to the transaction.

Key legal considerations

The most important point about a quit claim deed is understanding what it does and does not give you. It offers no warranties about the title, so the grantee receives only the ownership interest the grantor actually possesses. The deed must clearly identify every party by full legal name and address, give an accurate description of the property, and include recitals explaining the context of the transfer. The operative words must express the grantor's intention to release and quitclaim their interest. Before accepting property under a quit claim deed, carry out due diligence, including a title search and, where the land is unregistered, a check of relevant registers, because there is no comeback against the grantor if title problems surface later.

Legal requirements in England and Wales

A quit claim deed must be executed as a deed to be legally effective. That means the document is in writing, clearly intended to be a deed, signed by the grantor in the presence of a witness who also signs, and delivered to the grantee. Where the property is registered land, the transfer must be registered with HM Land Registry to take legal effect and to move the ownership interest on the register. Where the land is unregistered, the deed may trigger first registration, and certain interests may need protecting by registration. If the grantor is acting as a trustee, further formalities apply to the disposal of the beneficial interest. Getting the execution formalities right is what makes the deed transfer binding, so it pays to check each step before signing.