Guide · October 18, 2026 · 12 min read
The quitclaim deed Utah families sign moves the title, never the mortgage.
It hands over whatever the signer owns and promises nothing about it, which suits a divorce or a family trust. It is the wrong deed to sign for a buyer before closing.
The quitclaim deed Utah law sets out in Utah Code 57-1-13 hands over whatever interest the signer has in a property and promises nothing about the title. That makes it a common deed between spouses and relatives, and the wrong one for a sale. It also never takes anyone’s name off the mortgage.
What does a quitclaim deed do in Utah?
It transfers whatever the signer owns in the property on the day of the transfer, and nothing else. In the statute’s words, a quitclaim conveys “all right, title, interest, and estate of the grantor” in the property “at the date of the conveyance.” If the signer owns half, half moves; if they own nothing, nothing does.
The signer does not say they own the house, that it is free of liens, or that nobody else has a claim. Later title is not covered either. If a signer only gets title after signing a deed, Utah passes that later title to the buyer automatically, except under a quitclaim (Utah Code 57-1-10). And a quitclaim cannot move anyone else’s interest, so a co-owner who does not sign keeps their share.
Quitclaim deed vs warranty deed: what is the difference in Utah?
A warranty deed comes with promises about the title, and a quitclaim deed comes with none. The Utah Code sets out three short deed forms that differ in how much the signer vouches for.
| Deed | What the signer promises | Where it is used | Will a title company insure a sale on it? |
|---|---|---|---|
| General warranty deed (57-1-12) | That they own it and can convey it, that it is free of encumbrances not listed in the deed, and that they will “forever warrant and defend the title” against all lawful claims | Ordinary sales of a house | Yes. It is the deed Utah’s standard purchase contract calls for |
| Special warranty deed (57-1-12.5) | Only against problems that came from the signer or from someone claiming through the signer | Commonly a seller who never lived there, such as a bank selling a house it took back | Usually, if the buyer’s contract allows it. The buyer leans on the title policy for earlier owners |
| Quitclaim deed (57-1-13) | Nothing. Whatever interest the signer has, if any, passes | Spouses, divorce, adding or removing a relative, a trust, clearing a stray name off the title | Rarely as the deed from a seller to an outside buyer. Title companies insure on their own search, and a seller who will promise nothing raises questions that search must answer first |
A sale uses a warranty deed because Utah’s state-approved Real Estate Purchase Contract has the seller convey title “by general warranty deed” (section 6.1) and pay for the buyer’s title insurance policy (section 6.2). A buyer paying $400K wants both, and a spouse taking over a house they already live in needs neither.
When do people in Utah use a quitclaim deed?
When no money changes hands and everyone involved already knows the state of the title. The common cases:
- Divorce. The decree awards the house to one spouse and the other signs a quitclaim to match. How a Utah court divides it is in our post on whether Utah is a community property state; selling a house during a divorce covers selling it instead.
- Adding or removing a family member. A parent adds an adult child, or a relative signs their share back. Every owner on the title must sign any later sale. Whether co-owners hold with a right of survivorship turns on the deed’s wording under Utah Code 57-1-5, which is one good reason to have a professional draft it.
- Moving a house into a trust. Owners often deed the house into their own revocable living trust. Federal law bars the lender from calling the loan due over that transfer while the borrower remains a beneficiary (12 U.S.C. 1701j-3(d)), but the Utah Insurance Department’s title insurance FAQ warns that a policy may not cover you after you transfer title to someone who is not an insured. Ask your title agent before you sign.
- Inherited houses. When siblings own an inherited house and one buys the others out, the others commonly quitclaim to that one. When they cannot agree, see our post on selling inherited property with multiple owners. A house still in the late owner’s name is a probate question first.
- Clearing a cloud on title. A title search finds a name that should not be there, such as a former spouse on an old deed. A quitclaim from that person gives up whatever they might claim, often the cheapest fix there is. Our post on title problems that stall a Salt Lake City sale covers the rest.
Does a quitclaim deed take your name off the mortgage?
No. A quitclaim moves your share of the title; the loan is a separate contract, and only the lender can release you from it. In the Federal Trade Commission’s words, “Transferring the deed does not transfer the mortgage.” The Consumer Financial Protection Bureau adds that you are generally responsible for a debt unless the creditor released you, even when a divorce decree assigns it to your former spouse.
Take a hypothetical Layton couple, Mark and Julie, with a house worth about $450K and a $280K mortgage in both names. The decree gives Julie the house and tells her to refinance within 12 months. Mark signs a quitclaim deed that week, recorded with the Davis County Recorder for $45.
Two years later there is no refinance. Julie could not qualify on one income, and the lender had no reason to push: the same federal law bars it from calling the loan due over a transfer to a spouse under a divorce decree. Mark is still on a $1,900 monthly payment he does not control, and the CFPB warns that an old mortgage still on your credit report can make it hard to qualify for a new one in your own name. He is also off the title, so he cannot sell.
What Mark can still do:
- Ask Julie to refinance or assume the loan. The CFPB’s 2024 report says the spouse keeping the house can generally assume the loan and have the other borrower released, if they meet the lender’s underwriting standards.
- Go back to court. Utah’s Motion to Enforce Order forms have a box for a party who “has not refinanced the following loan as required by the order.” A Utah family law attorney can say whether it fits.
- Agree to sell. A sale pays the mortgage off in full at closing and releases them both. Julie owns the house now, so the signature that sells it is hers.
Signing the quitclaim at the refinance closing keeps the deed and the loan moving together, so raise that timing with your attorney before the decree is final. And if Julie can refinance or assume the loan and wants to stay, keeping the house beats selling it to anyone, us included.
How do you record a quitclaim deed in Utah, and what does it cost?
Have a title company or a Utah attorney prepare it, sign it in front of a notary, and record it with the recorder in the county where the house sits, for $40 or $45. The recorder records deeds but does not write them, so learning how to file a quitclaim deed in Utah starts with finding someone who will: the Davis County Recorder lists legal advice, preparing documents and providing forms among what its office does not do.
What the recorder checks before it accepts a deed:
| Item | What Utah requires |
|---|---|
| Legal description | A legal description of the land, not just a street address (Utah Code 57-3-105) |
| New owner | The grantee’s name and a mailing address for tax notices (same section) |
| Notary | A notary’s certificate of acknowledgment, which is what entitles a deed to be recorded (Utah Code 57-3-101) |
| Printed names | Each signer’s name typed or printed beneath their signature (Utah Code 17-71-403) |
| Water rights | An addendum is optional (Utah Code 57-3-109); a water right tied to the land passes with it unless the deed reserves it (Utah Code 73-1-11) |
| Recording fee | $40 a document (Utah Code 17-71-407), plus $5 in many counties outside Salt Lake: Davis charges $45, and Salt Lake County charges $40 |
| Transfer tax | None. The Tax Commission’s list of every Utah tax and fee has no real estate transfer tax |
Should you ever sign a quitclaim deed to a buyer before closing?
No. In a real Utah sale the seller signs the deed at closing, at a title company, on the day the money is there, and under the state contract it is a warranty deed. A request to sign the house over by quitclaim before then, to “hold the deal” or “deal with your lender,” is how homeowners lose houses to fraud.
The FTC’s guide to mortgage relief scams describes the pattern: someone offers to save the house, or find a buyer, if you sign over the deed first. Then they can sell it and keep the money, and the mortgage stays in your name. Our post on we buy houses scams covers the other warning signs.
Utah also gives you an early warning against a deed you never signed. Since January 1, 2025, every county recorder must let owners sign up for an electronic notice, sent within 30 days, when a deed or mortgage is recorded on their property (Utah Code 17-71-302). Davis County calls its version Property Watch.
When does selling make more sense than a quitclaim?
When the goal is to end the mortgage. A quitclaim reshuffles who owns the house and leaves the loan where it was. A sale pays the loan off in full at closing, the one step that clears every borrower at once. That fits a divorcing couple where neither can refinance or assume the loan alone, or heirs where none can buy the others out.
If that is where you are, our page on how to sell my house fast walks through a Utah cash sale day by day: a written offer typically within 24 hours, closing in as little as 7 days or on a later date you pick, and we pay the closing costs on our purchases. You sign only at closing, at a title company or with a mobile notary. But if the house is in decent shape and you have a few months, a listing with an agent will usually net you more.
Questions people ask
Is a quitclaim deed valid if it is never recorded?
Between the people who signed it, recording does not decide whether it is valid (Utah Code 57-3-102). But under Utah Code 57-3-103, an unrecorded deed is void against a later buyer who pays in good faith and records first. Record it promptly.
Can you undo a quitclaim deed in Utah?
Not on your own. Once a quitclaim is signed, delivered and recorded, the interest belongs to the person named in it, and getting it back takes a new deed from them or a court order. The FTC warns: “If you transfer the deed, you’re not likely to get it back.” If you were misled into signing one, talk to a Utah real estate attorney.
Can a quitclaim deed take my ex off the title without their signature?
No. A quitclaim moves only the signer’s own interest, so your former spouse has to sign it. If a decree orders them to and they will not, Utah’s Motion to Enforce Order forms have a box for a party who “has not signed a quitclaim deed” as the order requires, and a family law attorney can take it from there.
Does Utah charge a transfer tax on a quitclaim deed?
No. Utah has no real estate transfer tax; the State Tax Commission’s list of Utah taxes and fees does not include one. The charge you will see is the county recorder’s fee: $40 a document under Utah Code 17-71-407, or $45 in counties that add $5, such as Davis.
Where do you get a quitclaim deed form in Utah?
From a title company or a Utah attorney, who will prepare one for your situation. A search for “quit claim deed utah” turns up fill-in forms, but the Davis County Recorder, which keeps no blank forms, cautions that forms from national chains may not meet Utah law. The Utah Courts’ Finding Legal Help page lists free clinics, sliding-scale lawyers and the State Bar’s Licensed Lawyer directory.
Moving a house between people who trust each other is a job for a title company or a Utah attorney, and it needs no buyer. If the house has to be sold instead, get your cash offer. It is a written number, it costs nothing, and you are free to say no.
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