Out of state quitclaim

It depends on what you want the quitclaim to do. A deed is a transfer of interest in real estate. To be effective, it has to transfer TO something or someone. If you own a tank farm near an old abandoned airport that's contaminated with all kids of exotic industrial solvents, you can't avoid Superfund cleanup costs by just recording a quitclaim to the property. The deed has to give the property TO someone and they have to accept it.

Another real-world example (true story): My wife and I are splitting up, and we reach an agreement on how to divide our property so we can do a streamlined uncontested divorce. We own a condo, deeded to both of us as husband and wife. I buy her out of her half of the condo, she takes that money and buys a condo for herself. Because we're still technically married, we each execute a quitclaim to the other abandoning any interest in the other's condo. Her lender is happy, because I can't swoop in and steal my half back. I'm able to refinance to get her off of my mortgage, so my lender knows she won't be able to mess up my ownership.

Another common use is to correct anomalies in surveying lines, where fence lines don't match the actual boundaries. Two neighbors each interested in being goo neighbors, agree to quitclaim to the other whatever anomalous oddball shape shows up in the original surveying lines -- effectively making the fence line the legal boundary rather than the surveyor's lines.

I can legally sell you a quitclaim deed to the Statue of Liberty -- That's because a QC does not claim that I have any interest in it. It only says that "if there is ever a dispute between us or our successors regarding ownership of the Statue of Liberty, I acknowledge that whatever rights you might have are superior to any rights I might have. A QC deed to the Statue of Liberty does not give you any legal ownership of it (because I never had any and never claimed to have any). It just means I can't sue you for it.

And while going down to the crossroads to sell your soul to the Devil might give you the guitar skills of Robert Johnson, if you're an atheist, it's kind of unethical. The problem is that the devil isn't paying much for a quitclaim deed to your soul. Maybe you'll get a nice sandwich and intermediate-level ukelele skills.

/r/legaladvice Thread