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How do I file a quitclaim deed in Arizona?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

1. Quitclaim vs Warranty Deed

Arizona quitclaim (A.R.S. § 33-402(1)) conveys the grantor's interest only. A warranty deed (§ 33-402(3)) implies the six common-law covenants; a special warranty deed warrants only against grantor's acts.

2. Common Uses

Divorce, interspousal transfers, gifts to family (community property considerations), trust funding, removing an ex-spouse, clearing potential heir interests, beneficiary deed (TOD) alternative recognized under A.R.S. § 33-405.

3. Execution Formalities

A.R.S. § 33-401 — every conveyance of real property shall be in writing and signed by the grantor; § 33-411 — deed must be acknowledged before a notary for recording. No witnesses required.

4. Required Contents

Grantor and grantee names (with marital status — Arizona is a community property state), full legal description, assessor's parcel number, words of conveyance ("does hereby quitclaim"), consideration recital. Affidavit of Property Value (A.R.S. § 11-1133) required unless exempt.

5. Recording

County Recorder where the land sits (A.R.S. § 11-468); recording fee $30 flat per document (post-2018 simplification).

6. Transfer Tax

Arizona has NO state real estate transfer tax — A.R.S. § 11-1134 expressly prohibits counties and municipalities from imposing one. Only the $2 flat fee on the Affidavit of Property Value applies.

7. Title Insurance Limits

AZ title insurers generally won't insure based on a recent quitclaim without curative review.

8. Pitfalls

Quitclaim doesn't release the grantor from mortgage liability; due-on-sale risk; Garn-St. Germain (12 U.S.C. § 1701j-3) shields qualifying family transfers. Community property: both spouses should sign unless the property is verifiably separate.

9. Special Local Rules

Arizona Affidavit of Property Value — must be filed with most non-exempt transfers; failure can result in rejection. Exemptions in A.R.S. § 11-1134(B) include spousal transfers, gifts, and trust funding.

This is legal information, not legal advice.

When to Talk to a Lawyer
  • Community property with disputed separate-property claim
  • Beneficiary deed coordination with quitclaim
  • Divorce decree transfer with mortgage
Related Statutes & Laws
  • A.R.S. § 33-402
  • A.R.S. § 33-411
  • A.R.S. § 11-1134

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.