Quitclaim Deeds in Wisconsin: Frequently Asked Questions

If you’re transferring property in Wisconsin—especially between family members or as part of a divorce—a quitclaim deed might come up. But what is it exactly? Is it safe? Here’s a detailed FAQ to help you understand how quitclaim deeds work in Wisconsin.

✅ What is a Quitclaim Deed?

A quitclaim deed is a legal document that transfers a person’s interest in a property to another person without any warranty of title. That means the grantor (the person giving the property) isn’t promising they have full or clear ownership—just that they are transferring whatever interest they do have.

This type of deed is most commonly used in non-sale situations, such as:

• Divorce property settlements

• Gifts between family members

• Transfers to or from a trust

• Fixing errors on a title

📑 How Do I File a Quitclaim Deed in Wisconsin?

To properly record a quitclaim deed in Wisconsin:

1. Complete a valid quitclaim deed form with legal property descriptions.

2. Sign in front of a notary public.

3. Submit the deed to the Register of Deeds in the county where the property is located.

4. Complete a Wisconsin Real Estate Transfer Return (RETR) online at revenue.wi.gov and attach the printed receipt.

You’ll also pay a recording fee (usually $30).

🧾 Is a Transfer Return (RETR) Always Required?

Yes, most property transfers require an RETR to be filed, even if no money changes hands. However, some transactions are exempt under Wis. Stat. § 77.25—for example, transfers between spouses or into a revocable trust.

Even for exempt transfers, you must file the RETR and claim the exemption using the correct exemption code.

❌ Does a Quitclaim Deed Release Me From the Mortgage?

No. A quitclaim deed affects title, not debt. If your name is on the mortgage, you remain legally responsible for payments—even after you sign over the property—unless:

• The loan is refinanced, or

• The lender agrees to remove you (rare)

⚠️ What Are the Risks of Using a Quitclaim Deed?

• No warranty of title—so the grantee could receive nothing if the grantor doesn’t legally own the property

• Doesn’t clear liens, mortgages, or title defects

• Can be used in real estate scams or fraud

• Potential Medicaid or tax consequences if used to gift property

It’s best to consult a real estate attorney—especially for high-value or contested property.

👩‍⚖️ What If Someone Refuses to Sign a Quitclaim Deed After Divorce?

If a court order (e.g., divorce judgment) requires the transfer, the court can enforce it. A judge can:

• Hold the party in contempt

• Appoint someone to sign the deed on their behalf

• Issue an order authorizing the transfer directly

Delays in signing can cause financing or sale issues, so it’s important to act quickly.

🚫 Why Would a Quitclaim Deed Be Rejected by the Register of Deeds?

Common rejection reasons include:

• The deed isn’t notarized

• Legal descriptions are missing

• RETR receipt is missing or doesn’t match the deed

• Filing fee not included

• Deed contains handwritten corrections or alterations

Only one RETR per deed is accepted. Make sure everything is clean, accurate, and original.

🔒 How Can I Protect Myself From Quitclaim Deed Fraud?

Quitclaim deeds are sometimes used in fraudulent title transfers, especially involving vacant homes or seniors. To protect yourself:

• Sign up for your county’s Property Fraud Alert system (if available)

• Monitor your property’s title regularly

• Use an attorney for deed prep and recording

• Consider title insurance for added peace of mind

🧠 Key Takeaways

💡 Tip	Details
Use for family, divorce, or estate planning	Not for standard home sales
Must file with RETR and pay recording fee	Or claim valid exemption
Doesn't remove mortgage responsibility	Loan remains unless refinanced
Risky without legal review	No title protections or guarantees

Need help with a Wisconsin quitclaim deed? I’m Attorney Jason Greller, and I’ve helped thousands of clients across Wisconsin with real estate transactions, title transfers, and dispute prevention. Contact my office today for experienced, local guidance.