What is a quitclaim deed in Arizona? It's a deed that hands over whatever interest you have in a property, with no promise that the title is good. Arizona's statutory form is short: "I hereby quit claim to A.B. all my interest." A warranty deed adds, "and I warrant the title against all persons whomsoever."
When is it used? Mostly for transfers where no money changes hands: between spouses, into or out of a living trust, among family, or to clear up a title issue. It is not the deed used in a normal sale. The Arizona REALTORS resale contract calls for the seller to convey by warranty deed.
Data note: Deed forms and rules come from Arizona Revised Statutes (A.R.S. 33-401, 33-402, 33-411, 11-480, 11-1133, 11-1134, 25-214, 12-1103). Fees come from the Maricopa County Recorder. Mortgage rules reference 12 U.S.C. 1701j-3. No market statistics are included in this post.
Quitclaim Deeds in Arizona at a Glance
- What it transfers: whatever interest the signer holds, if any
- Title warranty: none
- Must be: in writing, signed by the grantor and notarized (A.R.S. 33-401)
- Recording fee in Maricopa County: $30
- Affidavit of Property Value: required unless an exemption applies and is noted on the deed
- Mortgage: a quitclaim does not remove anyone from the loan
Quitclaim vs. Warranty Deed
Quitclaim Deed
- Transfers all my interest, whatever that turns out to be
- Gives the new owner no recourse against the signer if title problems appear
- Best when parties already know and trust the title history
Warranty Deed
- Promises the title against all persons
- Standard in Arizona resale purchases
- Paired with an owner's title insurance policy. See who pays title insurance in Arizona
Special Warranty Deed
Common with lenders, builders and estates, a special warranty deed generally covers only the time the seller owned the property. Ask your title officer which deed your transaction calls for.
When Arizonans Use a Quitclaim
- Adding or removing a spouse on title
- Moving a home into a living trust
- Divorce settlements, where one spouse keeps the house
- Clearing a cloud on title: A.R.S. 12-1103 lets an owner ask someone with an adverse claim to sign a quitclaim, with a $5 tender, before filing a quiet title action
A Note for Married Owners
Arizona is a community property state. A.R.S. 25-214 generally requires both spouses to join in conveying community real estate. When a married buyer takes title as sole and separate property, the resale contract notes the title company may require a disclaimer deed from the spouse. See is Arizona a community property state?
How to File a Quitclaim Deed in Maricopa County
1. Prepare the Deed
A.R.S. 11-480 sets recording standards:
- A caption naming the document, such as "Quitclaim Deed"
- An original with original signatures
- No larger than 8.5 x 14 inches, 10-point type or larger
- A 2-inch top margin on the first page and half-inch margins elsewhere
- The legal description of the property
2. Sign Before a Notary
A.R.S. 33-401 requires the deed to be signed by the grantor and acknowledged before an officer authorized to take acknowledgments.
3. Add the Affidavit or an Exemption
Under A.R.S. 11-1133, the Recorder will refuse a deed without an Affidavit of Property Value unless it shows an exemption under 11-1134. Exemptions include:
- A quitclaim for no monetary consideration
- Nominal-consideration transfers between spouses, parent and child, grandparent and grandchild, or siblings
- Transfers between spouses to create community property with right of survivorship
- Transfers to a trustee with only nominal consideration
The exemption must be noted on the face of the deed. Recorder staff can't choose one for you.
4. Record It
Pay the $30 recording fee. Recording matters: A.R.S. 33-411 says an unrecorded deed isn't notice to later buyers who pay value without knowing about it.
The Mortgage Doesn't Move With the Deed
- A deed changes ownership; the loan stays with the borrowers who signed it
- To be released, the loan generally needs a refinance, payoff or lender-approved assumption
- Garn-St Germain (12 U.S.C. 1701j-3) limits due-on-sale enforcement on homes with fewer than five units for transfers such as to a spouse or children who become owners, under a divorce decree, or into a living trust where the borrower stays a beneficiary
Planning for heirs instead? Compare a beneficiary deed in Arizona.
“I see quitclaims cause trouble when people use them as a shortcut. Someone signs one in a divorce and assumes they're off the loan, or a relative quitclaims a share without the spouse joining. Talk to your title officer or an attorney first; a ten-minute call can save a messy closing later.”
— Elizabeth Vijan, Tackett Team, eXp Realty
FAQ: Quitclaim Deeds in Arizona
What is a quitclaim deed in Arizona?
A deed transferring your interest, with no title warranty.
How much does it cost to file a quitclaim deed in Maricopa County?
$30 to record, plus any preparation fees.
Does a quitclaim deed remove you from the mortgage?
No. The loan is a separate contract.
Is a quitclaim deed the same as a warranty deed?
No. Only a warranty deed promises good title.
Changing Title or Selling Soon?
I'll connect you with a trusted title officer and help you plan the right deed before it becomes a closing problem.
Elizabeth Vijan | Tackett Team, eXp Realty
Scottsdale & Phoenix Real Estate
Let's Talk · Call or text 602-885-7752
Sources: A.R.S. 33-402: Deed forms · A.R.S. 33-401: Requirements for conveyances · A.R.S. 33-411: Unrecorded instruments · A.R.S. 11-480: Recording requirements · A.R.S. 11-1133: Affidavit of value · A.R.S. 11-1134: Affidavit exemptions · A.R.S. 25-214: Spousal joinder · A.R.S. 12-1103: Quiet title · Maricopa County Recorder: Recording fees · 12 U.S.C. 1701j-3 (Garn-St Germain) · Arizona REALTORS: Residential Resale Purchase Contract (sample)
Disclaimer: General information, not legal or tax advice. Deeds have lasting legal and tax consequences; consult an Arizona attorney or title professional. Information deemed reliable but not guaranteed. Equal Housing Opportunity.
Tackett Team, eXp Realty · Get in touch