What Is a Quitclaim Deed in Pennsylvania: Taxes and Risks

A quitclaim deed in Pennsylvania is a document that transfers whatever ownership interest the signer holds in a piece of real estate, with no promise that the interest is valid, complete, or free of problems. Pennsylvania’s statutory deed form expressly approves “release and quit-claim” language for conveying real estate, so a quitclaim deed is as legally effective at moving title as any other deed.¹ What sets it apart is what the grantor does not promise about the title: nothing at all.

How It Compares to a Warranty Deed

Pennsylvania recognizes three main deed types, and the difference between them is the protection the grantee receives if a title problem shows up later.

A general warranty deed guarantees clear title and obligates the grantor to defend the grantee against ownership claims, including ones predating the grantor’s ownership. Mortgage lenders almost always require this in a sale.
A special warranty deed guarantees only that no title problems arose during the grantor’s own period of ownership. Anything from prior owners is the grantee’s problem.
A quitclaim deed guarantees nothing. The grantor hands over whatever interest they happen to have, which could be full ownership, a partial share, or nothing.

Because a quitclaim deed gives the grantee zero recourse, it is rarely used in arm’s-length sales between strangers. It fits best where the parties already know and trust each other, or where the transfer is a legal formality rather than a true sale.

When Pennsylvanians Use a Quitclaim Deed

Most quitclaim deeds in Pennsylvania fall into a few familiar categories. Family transfers lead the list: a parent deeding a house to an adult child, or a spouse adding their partner to the title after marriage. Divorce settlements use them routinely, with one ex-spouse signing over any interest in the marital home to the other.

They are also well suited to clearing up minor title defects, sometimes called clouds on the title. A misspelled name on an old deed, a former co-owner who never formally released their interest, or a boundary adjustment between neighbors can all be fixed this way. Property owners funding a revocable living trust for estate planning use quitclaim deeds too, since the grantor and the trust beneficiary are effectively the same person.

What a Pennsylvania Quitclaim Deed Must Contain

Pennsylvania’s statutory deed form applies to quitclaim transfers,¹ and a valid deed needs all of the following:

Full legal names and current mailing addresses for both the grantor and the grantee.
The legal description of the property, taken from the most recent deed, including lot and block numbers, municipality, and county. A street address alone is not enough.
A statement of consideration. For family transfers with no actual purchase price, a nominal amount such as one dollar is standard.
Quitclaim language that conveys only the grantor’s existing interest. Pennsylvania’s statutory form uses “release and quit-claim.”¹
The grantor’s signature, acknowledged before a notary public, judge, or other authorized official in the county where the property is located.²
The name and address of the person who prepared the deed.

The grantee does not need to sign. Both parties should keep copies, and the original should go to the county for recording as soon as possible.

Recording the Deed and the 90-Day Deadline

You record the deed with the Recorder of Deeds in the county where the property sits, and Pennsylvania sets a 90-day deadline from the date of signing. Missing it has a real consequence: an unrecorded deed is treated as void against any later buyer, mortgage lender, or creditor of the grantor who did not know about the transfer.² In practical terms, someone else could claim or buy the same property and end up with a stronger legal position than the grantee who sat on the deed.

You submit the original notarized deed with the applicable recording fee, which varies by county. You will also need to deal with Pennsylvania’s realty transfer tax paperwork, covered below. Once recorded, the deed becomes public record and the original is usually mailed back to the grantee.

Realty Transfer Tax and the Family Exemption

Pennsylvania imposes a state realty transfer tax of 1% on the value of real estate being conveyed.³ Local municipalities and school districts typically add another 1%, bringing the combined rate in most areas to 2%.⁴ The grantor and grantee are jointly responsible, though they can agree between themselves on how to split it.

Many quitclaim transfers qualify for a full exemption because they move property between family members. Pennsylvania exempts transfers between the following relationships:⁵

Husband and wife.
A parent, grandparent, or great-grandparent and a child, grandchild, or great-grandchild, including their spouses.
Brothers and sisters, including their spouses.
Formerly married individuals, provided the property was acquired before or during the marriage.

Two catches apply. If the grantee transfers the property to someone else within one year, the transfer tax applies as if the original grantor had made that second transfer directly.⁵ And the estate of a deceased family member does not count as a “family member” for the exemption.

When recording, you generally also submit the Realty Transfer Tax Statement of Value (Form REV-183), which reports the property’s value and the basis for any claimed exemption. A Statement of Value is not strictly required if the transfer is wholly exempt based on a family relationship, but the Pennsylvania Department of Revenue recommends submitting one anyway to avoid recording delays.⁶

The Mortgage Trap

Signing a quitclaim deed transfers ownership. It does not remove anyone’s name from the mortgage. If the grantor is on the loan, they stay personally liable for the payments even after the deed is recorded and they no longer own the home. Missed payments by the new owner will hit the original borrower’s credit and can lead to foreclosure proceedings that follow them.

Most mortgages also contain a due-on-sale clause that lets the lender demand full repayment of the remaining balance if the property is transferred without approval. Federal law bars lenders from triggering that clause for certain transfers on residential properties with fewer than five units:⁷

Transfers to a spouse or children of the borrower.
Transfers resulting from divorce or legal separation, where the spouse becomes the owner.
Transfers to a relative after the borrower’s death.
Transfers into a living trust where the borrower remains a beneficiary.
Transfers on the death of a joint tenant or co-owner.

Those protections cover many common quitclaim scenarios. If the transfer falls outside them, say to an unrelated friend, the lender can legally call the entire loan due. Before any quitclaim transfer on mortgaged property, talk to the lender, or plan for the new owner to refinance in their own name so the original borrower is actually released.

Federal Gift Tax Consequences

When a quitclaim deed transfers property for little or no payment, the IRS may treat the difference between fair market value and the amount paid as a taxable gift. For 2026 the annual gift tax exclusion is $19,000 per recipient,⁸ and real estate transfers almost always clear that figure, so the grantor usually needs to file IRS Form 709 for the year of the transfer.⁹

Filing Form 709 does not necessarily mean you owe tax. The amount above the annual exclusion reduces the grantor’s lifetime gift and estate tax exemption, which is $15,000,000 for 2026.¹⁰ Transfers between spouses are generally unlimited under the marital deduction.

The grantee should also understand that a lifetime transfer carries the grantor’s original cost basis rather than a stepped-up basis. At resale, capital gains tax can apply to the full gain measured from the grantor’s original purchase price, which can be a much larger bill than people expect.

What the Grantee Is Actually Accepting

The core risk of a quitclaim deed is that the grantee has no legal recourse against the grantor if title problems surface later. Undisclosed liens, tax debts tied to the property, boundary disputes, competing claims from a prior marriage: all of them become the grantee’s problem the moment the deed is recorded. The grantor made no promises, so there is nothing to enforce.

A title search before accepting the deed is the single best way to reduce that risk, even inside a family. Title companies search public records for outstanding liens, judgments, and ownership gaps. If the search is clean, the grantee may be able to purchase title insurance; insurers will not issue a policy on a quitclaim alone, and defects that already exist at the time of the transfer may not be covered. Many family transfers skip the search to save money, and it works out most of the time. When it doesn’t, the costs run well past what the search would have cost.

1
Pennsylvania General Assembly. Pennsylvania Statutes Title 21 P.S. Deeds and Mortgages 1
2
Pennsylvania General Assembly. Pennsylvania Statutes Title 21 P.S. Deeds and Mortgages 444
3
Pennsylvania Department of Revenue. PA Code Chapter 91 – Realty Transfer Tax
4
Bucks County, PA. Transfer Tax
5
Pennsylvania Bulletin. 61 Pa. Code 91.193 – Excluded Transactions
6
Pennsylvania Department of Revenue. Instructions for REV-183 Realty Transfer Tax Statement of Value
7
Office of the Law Revision Counsel. 12 USC 1701j-3 – Preemption of Due-on-Sale Prohibitions
8
Internal Revenue Service. Frequently Asked Questions on Gift Taxes
9
Internal Revenue Service. Instructions for Form 709
10
Internal Revenue Service. What’s New – Estate and Gift Tax