Quitclaim Deed vs Warranty Deed in Illinois: Which to Use

Quitclaim deed vs warranty deed: the short answer

The difference between a quitclaim deed and a warranty deed in Illinois is what the person signing promises. A warranty deed uses the words "conveys and warrants" and, by statute, carries three covenants. The grantor promises that it owns the property outright and has the right to sell it, that the property is free of liens and encumbrances, and that it will defend the title against anyone who lawfully claims it. A quitclaim deed uses the words "conveys and quit claims" and promises nothing; it hands over whatever interest the grantor has. Both are recorded the same way, pay the same transfer tax or claim the same exemption, and cost the same $107 to record in Cook County, except that a quitclaim deed recorded only to reflect your own legal name change is exempt from recording fees (765 ILCS 5/10, as amended by P.A. 104-40).

Use the warranty deed when someone is paying for the property or relying on the seller's title. Use the quitclaim deed when the two sides already know and accept the state of the title: spouses, parents and children, a person and that person's own trust, former spouses under a judgment, co-owners fixing a mistake. The rules below are current as of October 2026.

What does an Illinois warranty deed promise?

Section 9 of the Conveyances Act, 765 ILCS 5/9, supplies the form. A deed that says the grantor, "for and in consideration of" the stated amount, "conveys and warrants to" the grantee the described real estate "situated in the County of ...., in the State of Illinois" is, by the statute's own words, a conveyance in fee simple with three covenants:

1. that at the time of making and delivery the grantor "was the lawful owner of an indefeasible estate in fee simple" with "good right and full power to convey";
2. that the premises "were then free from all incumbrances"; and
3. that the grantor warrants "the quiet and peaceable possession of such premises, and will defend the title thereto against all persons who may lawfully claim the same."

The grantor does not have to write the covenants out; the statutory words import them, and a buyer who later finds an undisclosed lien or a neighbor's claim can sue the seller on them. That is why a title insurer expects a warranty deed when it issues an owner's policy to a buyer.

What does a quitclaim deed do in Illinois?

Section 10 of the Conveyances Act, 765 ILCS 5/10, supplies the other form. The grantor "for the consideration of" the stated amount "convey[s] and quit claim[s] to" the grantee "all interest in the following described real estate." The statute says those words are "sufficient" to pass "all the then existing legal or equitable rights of the grantor" in the premises, and that is all they do. There is no covenant of ownership, no covenant against encumbrances and no promise to defend. If the grantor owned nothing, the grantee receives nothing and the deed is still valid.

One more consequence catches people. Under 765 ILCS 5/7, when a person conveys land by a deed "purporting to convey an estate in fee simple absolute" without owning it, and later acquires the title, the after-acquired title passes automatically to the grantee. A warranty deed purports to convey a fee simple; a quitclaim deed conveys only the grantor's "then existing" interest, and section 10, as amended by P.A. 104-40 effective January 1, 2026, now says so expressly: a quitclaim deed "shall not extend to after acquired title unless words are added expressing such intention." A parent who quitclaims a house to a child before the parent's own inheritance of it is complete has conveyed nothing, and a second deed will be needed.

What is a special warranty deed?

There is no statutory form for a special warranty deed in Illinois, but it is common in sales by estates, trusts, lenders and developers. It uses the warranty words and then limits them: the grantor warrants the title only against claims arising "by, through or under" the grantor. The grantor promises that it did nothing to cloud the title during its ownership and makes no promise about earlier owners. An executor selling the family home, or a bank selling after foreclosure, cannot honestly swear to the full history of the title and so gives a special warranty deed; the buyer's protection against the earlier history comes from the title policy instead.

Quitclaim deed vs warranty deed in Illinois: side by side

When should you use a warranty deed?

When money changes hands, or when the grantee will depend on the grantor's title. Every ordinary residential sale on the Multi-Board contract closes with a warranty deed; a buyer's lender will not accept less, and the owner's title policy the seller provides is written for it. The same is true of a sale to a relative at a real price, a buyout of a co-owner at market value, and a transfer to an unrelated LLC or investor. The seller's attorney prepares the deed and the declarations as part of the closing work described in our article on what a real estate attorney does in Illinois.

When is a quitclaim deed the right tool?

• Spouses. Adding a new spouse to title, or carrying out the property division in a judgment of dissolution.
• Your own trust. Deeding a home you already own into your revocable living trust or a land trust; a warranty from yourself to yourself adds nothing (see the trust attorney page).
• A fix. Correcting a misspelled name, a wrong marital status or a defective legal description; given for no new consideration, the corrective deed is exempt from transfer tax (35 ILCS 200/31-45(d)). A quitclaim deed from yourself to yourself recorded only to reflect your own legal name change is also exempt from recording fees (765 ILCS 5/10, as amended by P.A. 104-40).
• A release. Clearing an heir's, ex-spouse's or former co-owner's claim so a title company will insure the current owner.
• A gift to a child, after the basis and Medicaid consequences below are understood; a transfer on death instrument under 755 ILCS 27, which is not a present deed at all, usually does the job better: the owner records it now, keeps full ownership, and the property passes at death with a stepped-up basis and no probate.

In each case the grantee already knows the title and is not paying for a promise about it. Our guide to quitclaim deeds and deed transfers has the step-by-step recording procedure for Cook County.

Does the type of deed change the transfer tax, the recording or the mortgage?

No. The transfer tax is imposed on "the privilege of transferring title" measured by the consideration stated in the declaration (35 ILCS 200/31-10), not by the form of deed. A warranty deed for $400,000 pays $0.50 per $500 to the State and $0.25 per $500 to Cook County, plus the City of Chicago's $5.25 per $500 inside the city, whichever deed is used. A deed of either kind with actual consideration under $100 is exempt under section 31-45(e), which is why gifts, trust fundings and transfers between spouses usually owe nothing. A transfer between former spouses under a divorce judgment likewise states no consideration and is exempt on the same basis. Every deed presented in Cook County needs a declaration through the Department of Revenue's MyDec system, and an exempt deed also needs the sworn grantor and grantee statements under 55 ILCS 5/3-5020(b). The Cook County Clerk records either deed for a flat $107, except that a quitclaim deed recorded only to reflect your own legal name change is exempt from recording fees (765 ILCS 5/10, as amended by P.A. 104-40).

The mortgage is unaffected by either deed. The promissory note stays with the person who signed it, and most mortgages contain a due-on-sale clause. Federal law bars a lender from enforcing it on residential property of fewer than five units for a transfer to a spouse or child, a transfer under a divorce decree, or a transfer into a living trust in which the borrower remains the beneficiary and occupant (12 U.S.C. §1701j-3(d); 12 CFR 191.5(b)). A transfer to an LLC or to an unrelated person is not on the list, whichever deed is used.

What a deed cannot do, whichever kind you sign

A deed changes who owns the property. It does not change the loan, as explained above. It does not avoid probate by itself: a quitclaim deed giving a child a half interest as a tenant in common leaves the parent's half in the parent's estate, and a joint tenancy deed avoids probate only at the price of a present gift and exposure to the child's creditors.

It does not change the tax rules either, and this is where the attorney drafting the deed should also be reading the return. A deed to anyone but your spouse for less than fair value is a gift. For 2026 the federal annual exclusion is $19,000 per recipient and the lifetime exclusion is $15,000,000, so most families owe no gift tax; the real cost is basis. Property received by gift keeps the donor's basis (IRS Publication 551), while property received at death takes a new basis equal to its date-of-death value under 26 U.S.C. §1014. A gift of the home also counts as a transfer for less than fair market value in the 60-month look-back for long-term-care Medicaid under 42 U.S.C. §1396p(c), which can disqualify the parent from benefits for a penalty period. Hani H. Khatib, Attorney at Law · CPA · LL.M. (Taxation), runs that arithmetic before the deed is drafted. Because the analysis is part of the legal advice on the deed, it is covered by the attorney-client privilege; the privilege does not cover return preparation or bookkeeping, and the attorney-CPA page explains the line.

Frequently asked questions

Does a quitclaim deed give the grantee a clear title?

No. It gives the grantee the grantor's title, clear or not. A grantee who wants assurance orders a title search and buys an owner's policy, because the grantor has promised nothing to sue on. The existing owner's policy, if there is one, insures the grantor, not the new owner.

Do I need a lawyer to prepare a quitclaim deed in Illinois?

No statute requires one, and a quitclaim deed is a short document. What goes wrong is everything around it. The deed, the MyDec declaration, the grantor and grantee statements and the exemption claimed on the deed all have to agree with each other and with the title of record. A rejected or mis-drafted deed needs a second deed and a second signature from a grantor who may no longer be willing to give it.

Does a quitclaim deed remove me from the mortgage?

No. A deed changes who owns the property; it does not change who owes the loan. The promissory note stays with the person who signed it, and the mortgage stays on the property, whichever deed is used. If a spouse or co-owner is meant to take over the debt, that takes a refinance or the lender's written release, not a deed. Signing a quitclaim deed without one leaves you liable for a loan on a house you no longer own.

What to do next

Call (708) 722-2222 or ask us to handle it and tell us who owns the property now, who should own it afterward, and why. Bring the current deed, the latest tax bill and the mortgage statement if there is one. We will confirm the ownership of record, tell you which deed fits and what it will cost in transfer tax and basis, quote the fee in writing, and then prepare, stamp and record it. Deeds are one piece of the real estate practice; where the transfer is part of a plan for the next generation, the estate planning page has the rest.

General information as of October 4, 2026; not legal advice; laws change; consult a lawyer about your situation.