A Connecticut quitclaim deed transfers whatever ownership interest the grantor holds in a property, with no promises that the title is clean, that liens don’t exist, or even that the grantor actually owns what they’re conveying. To use one, you sign a statutorily compliant deed before two witnesses and a notary, record it in the land records of the town where the property sits, and file Form OP-236 with any conveyance tax owed. It’s a common tool for transfers between spouses, divorcing couples, parents and children, and for moving property into a trust or LLC. It’s a poor choice when you’re buying from someone you don’t know.
When a Quitclaim Deed Fits and When It Doesn’t
The deed’s usefulness comes from its simplicity, not its protection. Because the grantor makes no warranties, the grantee accepts the property in whatever condition of title it happens to be in. That works when the grantee already knows the history: a spouse being added or removed after a divorce, a parent gifting a home to a child, an owner moving property into their own living trust, or someone releasing a potential claim to clear up a chain of title.
It doesn’t work for arm’s-length purchases. A buyer paying market value needs a general warranty deed and title insurance, because a quitclaim leaves them with no recourse against the seller if a hidden claim surfaces later.
Who Can Sign
Any owner of Connecticut real property can execute a quitclaim deed. That includes individuals, corporations, LLCs, partnerships, and trusts.1Connecticut General Assembly. Connecticut Code Chapter 821a – Forms of Deeds and Mortgages The grantor must be at least 18.2Justia. Connecticut Code 1-1d – Age of Majority
If more than one person owns the property, every owner has to sign for the transfer to convey the entire property. A single co-owner can only quitclaim their own share. For a corporation, an authorized officer signs. An LLC follows the signing authority in its operating agreement. A trustee signs for a trust, within the authority the trust document grants.
Married couples deserve a specific note. Even when only one spouse is on the title, Connecticut’s equitable distribution principles can give the other spouse an interest in the property. Having both spouses sign avoids a later claim from the non-titled spouse.
What the Deed Must Contain
Connecticut publishes a statutory form for quitclaim deeds. At a minimum the deed identifies the grantor and grantee, uses the phrase “with quitclaim covenants,” describes the property, and provides space for the date, two witness signatures, and a notarial acknowledgment.1Connecticut General Assembly. Connecticut Code Chapter 821a – Forms of Deeds and Mortgages
Use the legal description from the prior deed in the chain of title, not just the street address. Vague or wrong descriptions are one of the easier ways to create a title defect that becomes expensive to fix later. Most town clerks also require a cover sheet listing the parties, the property address, and references to earlier deeds. The clerk’s office in the property’s town can provide its specific cover sheet requirements.
Signing, Witnessing, and Notarizing
Connecticut requires every real estate conveyance to be in writing, signed by the grantor, and acknowledged before an authorized official such as a notary public.3Justia. Connecticut Code 47-5 – Requirements Re Conveyances of Land Without the acknowledgment, the town clerk will reject the deed for recording.
Two witnesses are also required. The notary can serve as one, but the second must be an independent person who watches the grantor sign. A deed recorded without proper witness signatures is defective and can fail against a challenge. These formalities exist to guard against fraud and duress, and courts enforce them.
Recording in the Town Land Records
Connecticut records land records town by town. After signing, take the deed to the clerk in the town where the property is located. Recording is not strictly required for the deed to be valid between grantor and grantee, but skipping it is a serious mistake.
Under Connecticut’s recording statute, an unrecorded deed has no effect against anyone other than the grantor and the grantor’s heirs.4Justia. Connecticut Code 47-10 – Conveyance to Be Recorded If the grantor later conveys the same property to someone else who records first and has no notice of the earlier transfer, the second grantee wins. Record the deed promptly.
The clerk reviews the deed for proper signatures, acknowledgment, witness attestations, and a completed cover sheet. Once accepted, the clerk assigns a volume and page number, the deed becomes part of the public record, and the original comes back to the grantee.
Recording Fees and Conveyance Tax
Fees
As of July 1, 2025, under Public Act 25-168, the recording fee is $70 for the first page, or $72 if the deed conveys property valued over $2,000, plus $5 for each additional page.5Simsbury CT. Land Record Recording Fees Confirm the total with the town clerk before submitting, since some towns add administrative charges.
State and Local Conveyance Tax
Connecticut charges a real estate conveyance tax on transfers, and quitclaim deeds aren’t automatically exempt just because no money changes hands. The state rates are tiered:
- 0.75% on the first $800,000 of a residential dwelling’s price, on unimproved land, and on property conveyed by a delinquent mortgagor
- 1.25% on the portion of a residential dwelling’s price between $800,001 and $2,500,000, and on nonresidential property other than unimproved land
- 2.25% on any portion of a residential dwelling’s price above $2,500,000
Municipalities add their own conveyance tax on top. The base local rate is 0.25%, and eligible municipalities can add another 0.25%, for a local total of up to 0.50%.6Connecticut General Assembly. Real Estate Conveyance Tax
Exemptions
Some quitclaim transfers are exempt. Deeds between spouses qualify, as do deeds with consideration under $2,000.7Justia. Connecticut Code 12-498 – Exempt Transactions Transfers that change only the form of ownership without changing who benefits from the property are also exempt, which covers moving property into your own LLC or trust.
Parent-child transfers are not exempt. Connecticut removed that exemption in 1971.7Justia. Connecticut Code 12-498 – Exempt Transactions Quitclaim a $400,000 house to your adult child for nothing, and the conveyance tax still applies unless another exemption fits.
Form OP-236
Every real estate transfer requires the grantor or their attorney or agent to file Form OP-236, the Connecticut Real Estate Conveyance Tax Return, whether or not tax is owed. If you’re claiming an exemption, enter the exemption code on Line 14. A return missing the code will be rejected by the town clerk.8CT.gov. Real Estate Conveyance Tax Information Schedule A is required when there are more than two grantors, or when the grantor is a partnership, S corporation, LLC, estate, or trust. Schedule B is required when there is more than one grantee.
Federal Gift Tax and the Cost Basis Trap
Quitclaiming property to someone for little or nothing is a gift in the eyes of the IRS. The federal annual gift tax exclusion for 2026 is $19,000 per recipient.9Internal Revenue Service. What’s New – Estate and Gift Tax Most real estate blows past that, which means the donor generally has to file IRS Form 709 by April 15 of the following year.10Internal Revenue Service. Gifts and Inheritances
Filing the return doesn’t automatically mean tax is owed. The excess counts against the lifetime gift and estate tax exemption, which for 2026 is $15,000,000.9Internal Revenue Service. What’s New – Estate and Gift Tax Most people will never reach it. Failing to file at all can bring penalties and complicate estate planning later.
The larger tax issue is cost basis. A gift recipient inherits the donor’s original basis rather than getting a step-up to current market value.11Office of the Law Revision Counsel. 26 U.S. Code 1015 – Basis of Property Acquired by Gifts and Transfers in Trust Buy a house for $100,000, quitclaim it to your child when it’s worth $500,000, and your child’s basis is still $100,000. When the child sells, capital gains tax hits $400,000 of appreciation. If the same child had inherited the property at your death, the basis would step up to fair market value and that entire gain would disappear. Talk to a tax professional before quitclaiming appreciated property to a family member.
The Mortgage Stays With the Original Borrower
A quitclaim deed doesn’t touch the mortgage. The loan remains in the original borrower’s name, and the lender’s lien stays on the property regardless of who now holds title. If the new owner stops paying, the lender pursues the original borrower’s credit and can still foreclose.
Most mortgages contain a due-on-sale clause that lets the lender demand full repayment when ownership changes. Lenders often overlook family transfers in practice, but they retain the legal right to call the loan.
Federal law limits that right for several common quitclaim situations on residential property with fewer than five units. The Garn-St. Germain Act blocks the lender from triggering the due-on-sale clause for:
- Transfers to a spouse or children
- Transfers resulting from a divorce decree, legal separation, or property settlement in which the borrower’s spouse becomes an owner
- Transfers by operation of law when a joint tenant or tenant by the entirety dies
- Transfers to a relative after the borrower’s death
- Transfers into a living trust in which the borrower remains a beneficiary and continues to live in the home12Office of the Law Revision Counsel. 12 U.S. Code 1701j-3 – Preemption of Due-on-Sale Prohibitions
Those cover a large share of the situations where people use quitclaim deeds, but not all of them. Transfers to unrelated people, or into a business entity, leave the lender free to call the loan. Review the mortgage terms and contact the lender before recording. If the lender won’t release the original borrower, refinancing into the new owner’s name may be the cleanest path.
What the Grantee Is Actually Accepting
The person receiving a quitclaim deed takes on real risk that a warranty deed recipient does not.
Existing Liens Survive
A quitclaim doesn’t wipe out claims already attached to the property. Tax liens for unpaid property taxes, judgment liens from lawsuits against the grantor, mechanic’s liens from unpaid contractors, and past-due homeowners association assessments all follow the property. As the new owner, you inherit the obligation to deal with them, whether or not you knew they existed. A title search before you accept the deed costs a few hundred dollars and can uncover thousands in hidden problems.
Title Insurance Is Harder to Get
Title insurers treat quitclaim transfers cautiously. Because the deed carries no warranties, insurers may decline to write a policy, tighten underwriting, or charge more. Some existing policies terminate coverage when the insured transfers the property using a deed without covenants. If you plan to sell or refinance later, a gap in insurable title becomes a real obstacle.
You Can’t Take It Back
Once the deed is signed, notarized, and recorded, the transfer is done. There’s no cooling-off period. If both parties agree it was a mistake, the fix is a new quitclaim deed transferring the property back. If the grantee refuses, the grantor’s only option is a lawsuit alleging fraud, duress, undue influence, or another ground for setting the deed aside. Those cases are hard to win, and statutes of limitations make them harder over time.