A client wants to transfer her Manhattan co-op into a revocable living trust. Her brother, a real estate agent in another state, suggests a simple quitclaim deed he found online. It seems quick and easy. This is the moment I often pause the conversation. The choice of deed is not a minor detail. It is a foundational act of stewardship with significant consequences for the future of the asset and the family it is meant to benefit.
In New York, how you transfer real property is as important as why. Using the wrong instrument can create serious, expensive problems for your heirs. The two deeds people most often ask about are the quitclaim deed and the bargain and sale deed.
The Quitclaim Deed: A Transfer of “Whatever I Have, If I Have It”
A quitclaim deed is the simplest way to transfer property, but it offers the weakest protection. When someone gives you a quitclaim deed, they are saying, “I am transferring to you whatever interest I may have in this property, but I make no promises about what that interest is—or if I even have one at all.”
There is no guarantee of ownership. No promise that the title is clear. No assurance that there is not a massive lien from a creditor or a long-lost heir with a competing claim. The grantor is simply “quitting” their claim. That is it.
In my practice, we use quitclaim deeds in very specific, limited situations. They can be useful for clearing a “cloud” on a title—for instance, if a deceased relative’s name is still on the property and the estate needs to relinquish any potential interest. They are also sometimes used in divorce proceedings to transfer one spouse’s interest to the other. Even in these cases, they require careful consideration.
The biggest risk is title insurance. Transferring property via a quitclaim deed can break the chain of title insurance coverage. If you later decide to sell the property, or if your heirs inherit it and wish to sell, the new buyer’s title company may refuse to issue a new policy without extensive—and costly—curative work. What seemed like a simple transfer can become a major financial headache for the next generation.
The Bargain and Sale Deed: A More Prudent Path
The New York equivalent to what many states call a “grant deed” is the Bargain and Sale Deed. This instrument is a significant step up from a quitclaim. With a basic bargain and sale deed, the grantor implicitly states that they do, in fact, hold title to the property. It is a promise of possession.
The real power, however, comes from adding a critical phrase. We use a Bargain and Sale Deed with Covenants Against Grantor’s Acts. This covenant is a specific, legally binding promise that the grantor has not done anything to encumber the title during their period of ownership. This means they have not taken out secret mortgages, granted easements, or incurred liens that would damage the property’s title.
This is not a full warranty that the title is perfect throughout its entire history, but it is a crucial guarantee covering the grantor’s tenure. It provides the grantee—whether a trust, a child, or another family member—with a real, enforceable promise. The statutory form for this deed is laid out in New York’s Real Property Law (RPL) § 258, providing a standard format understood by courts and title companies.
Why This Choice Defines Your Legacy
Choosing a deed is not merely administrative. It is a deliberate act that reflects an owner’s intent and their commitment to being a good steward of their assets. When we advise a family on transferring a home to a trust, our goal is to make the process seamless not just today, but for the fiduciaries and beneficiaries who will one day take over.
Using a Bargain and Sale Deed with Covenants helps preserve the continuity of title insurance and provides a clean, defensible transfer. It shows a clear intent to pass on an asset, not a potential legal battle. A quitclaim deed, while easy, can feel like handing someone a locked box with no key and no guarantee that anything of value is inside. It shifts the burden of risk entirely onto the recipient.
Stewardship. That is the core of our work. It means planning with foresight and using the correct legal instruments to ensure your legacy is one of clarity and security, not ambiguity and future conflict. The paper you sign has generational consequences.
If you are considering transferring a home, an apartment, or a parcel of land as part of your estate plan, the details matter. Before you download a generic form, I invite you to schedule a consultation with our firm. We can review the property’s title history and determine the most prudent instrument to achieve your goals.
