What risks am I taking if I accept a quitclaim deed instead of a warranty deed? – South Carolina

Short Answer

In South Carolina, a quitclaim deed usually transfers only whatever interest the signer has, if any, and it generally does not include promises that the title is good or free of liens. A warranty deed offers stronger protection because it includes title warranties from the seller. If a former spouse signs a quitclaim deed, the transfer may still leave problems such as existing mortgages, judgment liens, title defects, or even no valid ownership interest to transfer at all.

Understanding the Problem

In South Carolina real estate law, the single issue is whether a property owner can safely accept a quitclaim deed from a former spouse instead of requiring a warranty deed to transfer that former spouse’s interest. The key point is not whether a deed can transfer title, but what legal promises come with that transfer. The answer turns on the type of deed used, the interest the former spouse actually owns, and whether any title problems already affect the property.

Apply the Law

Under South Carolina law, a deed can transfer real estate with or without warranty language. A warranty deed includes covenants that the grantor will warrant and defend the title, while a quitclaim deed usually does not. That means the main office is the county Register of Deeds office where the property is located, and the main trigger is the signing, witnessing, delivery, and recording of the deed. Recording protects the public chain of title, but recording alone does not cure title defects or remove existing liens.

Key Requirements

Actual ownership interest: A quitclaim deed passes only the interest the former spouse actually has at the time of transfer. If that interest is limited, disputed, or nonexistent, the grantee takes little or nothing.
Warranty protection: A warranty deed gives the grantee contractual protection because the grantor promises to defend the title against lawful claims. A quitclaim deed generally gives no comparable promise.
Proper execution and recording: In South Carolina, a deed must be signed and properly acknowledged or proved for recording, then recorded in the county Register of Deeds office to protect the transfer in the land records.

What the Statutes Say

S.C. Code Ann. § 27-7-10 (Form of conveyance of fee simple; witnesses) – provides a statutory form for conveying fee simple title and includes warranty language when used.
S.C. Code Ann. § 27-7-20 (Warranty and additional clauses in conveyances) – confirms that parties may include or omit warranty clauses and may use other deed language they consider proper.
S.C. Code Ann. § 30-5-30 (Prerequisites to recording) – sets out acknowledgment or proof requirements before a deed may be recorded.

Analysis

Apply the Rule to the Facts: Here, the former spouse has offered to sign a quitclaim deed so the property can be transferred into the other spouse’s name. That may work if the former spouse truly owns a transferable interest and the goal is only to release that person’s claim. The risk is that a quitclaim deed does not assure clean title, so unpaid liens, title defects, or ownership problems can remain with the property after the transfer. If the former spouse’s name is removed from the deed but a joint mortgage still exists, the deed transfer also does not remove mortgage liability by itself.

That difference matters in post-divorce transfers because the deed and the underlying title are not the same issue. A quitclaim deed is often used to clear up ownership between people who already know the property’s history, but it shifts more title risk to the person receiving the property. By contrast, a warranty deed gives a stronger basis to pursue the grantor later if a covered title problem surfaces.

Process & Timing

Who files: usually the party handling the transfer or closing. Where: the Register of Deeds office in the South Carolina county where the property is located. What: a properly prepared deed signed by the grantor, with the required acknowledgment or proof followed for recording. When: record it promptly after signing and delivery so the land records reflect the change as soon as possible.
Next step with realistic timeframes; the deed is submitted for recording, indexed in the county land records, and returned after processing. Timing varies by county and by whether transfer forms, recording fees, or exemption documents are required.
Final step and expected outcome/document: the county records the deed, and the recorded instrument becomes part of the chain of title. If title concerns remain, a separate title review may still be needed to confirm liens, judgments, or other defects.

Exceptions & Pitfalls

A quitclaim deed does not promise that the former spouse owns full title, owns any title, or has the right to convey without competing claims.
A deed transfer does not remove an existing mortgage, tax lien, judgment lien, or homeowners’ association issue unless those matters are separately resolved.
Common mistakes include using the wrong legal description, assuming divorce terms alone change title, failing to record promptly, and overlooking acknowledgment or proof requirements that can delay or complicate recording. For a step-by-step look at recording, see what documents and steps are required to record a new deed and update a mortgage or deed of trust in South Carolina. For a closer comparison of deed types, see general warranty deed vs. quitclaim deed in South Carolina.

Conclusion

In South Carolina, accepting a quitclaim deed instead of a warranty deed means taking the property without the grantor’s title promises. The former spouse may transfer only whatever interest exists, and existing title defects or liens can remain. The most important next step is to have the deed prepared and reviewed for proper form, then file it with the county Register of Deeds promptly after signing so the transfer appears in the public record.

Talk to a Real Estate Attorney

If a former spouse is transferring property by deed, our firm can help explain the difference between a quitclaim deed and a warranty deed, review title risks, and make sure the transfer documents and recording steps are handled correctly.

Disclaimer: This article provides general information about South Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed South Carolina attorney.