Title Insurance
Quitclaim Deed vs Warranty Deed in Idaho: What’s the Difference?
Two Types of Deeds, Two Levels of Protection
When property changes hands in Idaho, the type of deed used determines what legal guarantees come with the transfer. The two most common types — warranty deeds and quitclaim deeds — serve very different purposes.
What Is a Warranty Deed?
A warranty deed is the gold standard for property transfers. When a seller signs a warranty deed in Idaho, they make several legal guarantees (called covenants):
Covenant of seisin: The seller actually owns the property.
Covenant against encumbrances: There are no undisclosed liens, easements, or restrictions.
Covenant of quiet enjoyment: The buyer won’t be disturbed by someone with a superior claim.
Covenant of warranty: The seller will defend the buyer’s title against any future claims.
Warranty deeds are used in virtually all standard home purchase transactions in Idaho. Title insurance companies issue policies based on warranty deed transfers.
What Is a Quitclaim Deed?
A quitclaim deed transfers whatever interest the seller (grantor) has in the property — with zero guarantees. The seller doesn’t promise they own the property, doesn’t promise it’s free of liens, and won’t defend the buyer against claims. If the seller has full clear title, you get full clear title. If they have nothing, you get nothing.
Quitclaim deeds are NOT used in standard purchase transactions. They’re used for:
Family transfers: Adding or removing a spouse, transferring to a trust, gifting to children.
Divorce: One spouse transferring their interest to the other.
Clearing title defects: Getting a former owner to release any residual claim.
Correcting errors: Fixing a misspelled name or incorrect legal description from a prior deed.
Recording Requirements in Idaho
Both deed types must be recorded with the county recorder to be effective against third parties. Idaho recording fees are set statewide by Idaho Code § 31-3205:
Deed recording: $15 flat fee. This applies to warranty deeds, quitclaim deeds, and all other deed types equally.
Title Insurance and Deed Type
Title insurance companies typically issue policies based on warranty deed transfers — the seller’s guarantees align with the insurer’s underwriting. If you receive property via quitclaim deed (especially from a non-family member), obtaining title insurance may be difficult or impossible because the insurer has no seller guarantees to fall back on.
If you’re buying property and the seller offers a quitclaim deed instead of a warranty deed, that’s a significant red flag. Consult a title company or attorney before proceeding.
Which Deed Should You Use in Idaho?
Standard home purchase: Warranty deed (always).
Adding spouse to title: Quitclaim deed.
Transferring to your trust: Quitclaim deed.
Divorce transfer: Quitclaim deed (per court order).
Correcting a prior deed error: Quitclaim or corrective deed.
Selling to a stranger: Warranty deed (always).
Fact-checked by TitleThrive Editorial
Sources & Citations
- Idaho Code § 31-3205 — County Recording Fees
- Idaho Code Title 55 — Property in General (Conveyances)
- American Land Title Association — Deed Types Explained
Rates and fees referenced in this article are based on data filed with the applicable state department of insurance. Filed rates are subject to change. This content is for educational purposes and does not constitute a title insurance quote, legal advice, or financial advice. Contact a licensed title company for current rates specific to your transaction. Learn about our editorial standards.
Frequently Asked Questions
Is a quitclaim deed legal in Idaho?
Yes. Quitclaim deeds are legal and commonly used in Idaho for family transfers, divorce settlements, and title corrections. They're recorded with the county recorder for $15 (Idaho Code § 31-3205) just like warranty deeds.
Can I get title insurance with a quitclaim deed?
Generally no. Title insurance companies typically require a warranty deed for standard underwriting. If you receive property via quitclaim from a non-family member, obtaining title insurance may be difficult.
How much does it cost to file a deed in Idaho?
Recording a deed costs $15 at any of Idaho's 44 county recorder offices — set statewide by Idaho Code § 31-3205. This applies to both warranty and quitclaim deeds.
Should I accept a quitclaim deed when buying a house?
No — standard home purchases should always use a warranty deed, which provides legal guarantees about the seller's ownership and protects you against future claims. A quitclaim deed offers no such protection.
