Quitclaim Deed vs. Warranty Deed in Wisconsin: What’s the Difference?

Whether you're buying, gifting, or transferring real estate in Wisconsin, you’ll likely encounter one of two types of deeds: the quitclaim deed or the warranty deed. Understanding the difference is critical—because not all deeds offer the same protections.

In this post, I’ll break down the key legal, practical, and financial differences between these deeds and help you decide which one is right for your situation.

📝 What Is a Quitclaim Deed?

A quitclaim deed transfers whatever ownership interest the grantor may have in a property—without any guarantees about whether the title is valid or free of liens. It says, in effect: “If I own it, it’s yours. But I’m not making any promises.”

🔹 Common Uses:

• Divorce property transfers

• Gifts between family members

• Transfers into or out of a trust

• Correcting title errors or names

⚠️ Key Risks:

• No promise of clear title or ownership

• No protection from existing liens or title defects

• Best used when both parties trust each other

🛡 What Is a Warranty Deed?

A warranty deed provides a legal guarantee that the grantor has clear title to the property and the legal right to transfer it. It also warrants that the property is free of encumbrances, liens, or undisclosed claims—and offers the grantee legal recourse if problems arise.

🔹 Common Uses:

• Traditional home sales

• Commercial real estate deals

• Any arm’s-length transaction between unrelated parties

✅ Key Benefits:

• Full protection for the buyer

• Clear chain of title

• Legal liability for the seller if the title is defective

⚖️ Side-by-Side Comparison

Feature	Quitclaim Deed	Warranty Deed
Guarantees of ownership	❌ No guarantees	✅ Full guarantees by grantor
Title search required?	Optional, but strongly recommended	✅ Typically required by lenders & title insurers
Used in property sales?	Rarely	✅ Standard in most transactions
Legal protection for buyer	❌ None	✅ Buyer can sue if title is bad
Common between family?	✅ Frequently used	❌ Rare
Risk to buyer	High	Low

🧠 So Which Deed Should You Use?

Here’s a quick guide:

✅ Use a quitclaim deed if:

• You’re transferring property between spouses, siblings, or to/from a trust

• You want a fast, low-cost transfer with minimal legal steps

• You trust the person fully and aren’t paying money for the property

✅ Use a warranty deed if:

• You’re buying or selling property in a real estate transaction

• You want legal protection if something’s wrong with the title

• A lender, title insurer, or underwriter requires it

🧾 Final Thoughts from a Wisconsin Real Estate Attorney

Quitclaim deeds are fast, flexible tools—but they come with risk. Warranty deeds offer peace of mind, but require more documentation and clear title history. If you’re unsure which one to use, always talk to a local attorney.

I’ve helped clients across Wisconsin navigate deed transfers, title corrections, and real estate transactions. I can help you choose the right strategy—and avoid costly mistakes.