Posted on: 05th Jun, 2005 10:42 pm
A quitclaim deed is a legal document that transfers your interest to another individual in the property such as
To help you get a clear idea of what a quitclaim deed (often misspelled as quick claim deeds or quit claim deeds) is, the whole information is divided into different sections:
- House - A building for human habitation
- Land - A place which can be used for habitation, investment or any other purpose
- Mobile home - A movable house that is parked in a place
To help you get a clear idea of what a quitclaim deed (often misspelled as quick claim deeds or quit claim deeds) is, the whole information is divided into different sections:
When to use quitclaim deed
A quitclaim deed is commonly used in the following situations:
- In a divorce, when an ex-spouse transfers ownership of the property to the other.
- A spouse may add other spouse's name to the property title after marriage only by issuing the spouse a deed.
- At the time of purchasing a property, ownership is transferred from the seller to the buyer. For such transfer, parties involved may use a quitclaim, general warranty, or special warranty deed.
- Sometimes, previous owner of the property may retain some ownership interest in the property. This interest can be transferred to the new owner with the help of a quitclaim deed.
- A person planning a will or a living trust can use the document to transfer ownership of the property into a trust or the person they want to inherit the property.
- Parents willing to transfer the ownership in a property to a child or a relative before the property gets stuck in a probate.
6 Steps to follow in a quit claim deed
Preparing a quitclaim deed is very easy. Here are some quick steps to do so.
- First of all, obtain a quit claim deed form. You can get the form online. You can also obtain it from the office of the local county recorder.
- Fill in the names of the grantor and the grantee. If possible address of both the parties has to be filled in.
- Signature of the grantor should be there in the form. In some states, signatures of both the grantor and the grantee are required.
- A public notary should verify the signature of the grantor. Generally, the grantor has to sign the deed in front of a public notary.
- A legal description of the property is a must. This is because of the fact that without the legal description, deed can’t be recorded in the recorder’s office.
- In order to make the deed valid, it should be recorded in the recorder’s office.
Life estates and quitclaim deeds
Even after transferring a property through quitclaim, you can have the right to stay there till your death. This is possible only if you retain a life estate for yourself. A life estate is a kind of estate where you retain interest in the property for your lifetime, and specifically name the person to whom the property is to go to immediately after your death.
Reverse/undo quitclaim
Once you have signed a quitclaim, the only way to get the property back is to have the grantee quitclaim it back to you or prove the transfer was invalid. If you can prove that you signed the deed under threat, external pressure, or the grantee made you sign by telling you false information, then you can have the quitclaim deed invalidated. For invalidating a deed, consult an attorney in your state. Learn more...
This legal document is a good way to transfer property if you are transferring it between family. The best way to transfer property to or from someone who is not family is to use a general or special warranty deed which gives the buyer warranties as well as transfers property.
This legal document is a good way to transfer property if you are transferring it between family. The best way to transfer property to or from someone who is not family is to use a general or special warranty deed which gives the buyer warranties as well as transfers property.
Related Readings
- Which is better - Interspousal Transfer or Quitclaim Deed?
- Can quitclaim deed transfer mortgage debt?
Related Forum Discussions
- Will grantor lose rights on property after quitclaim?
- Can quitclaim remove name from title?
- Will quitclaim protect my home from creditors?
- Tax implication of quitclaim Deed
- Owner deceased: Is quitclaim deed possible?
- Which is better - quitclaim or warranty deed?
- Quitclaim prior to bankruptcy - how does it affect?
- Is a sample quitclaim deed available here?
- Where to get free quick claim deed form
Hi Lauren,
I don't find any loophole as such in your sister's plan to give away the property to you and it isn't fair to comment on someone whom I really don't know until and unless I hear her doing something wrong with you. But I shall suggest that you use a warranty deed instead of the quit claim to get the title in your name.
The warranty deed transfers the title in your name and at the same time, it warrants that the persons granting the property are the legal owners of the property prior to the transfer. You don't get such a guarantee with the quit claim.
Regarding the 50% down payment, frankly speaking, I am a bit doubtful. I haven't heard of such a large down payment for buying a home. You can just negotiate with her to lower the down payment in case you feel it's too much that she is demanding.
Check out with our resource on Quit Claim to know more about the deed.
Do not hesitate to come up with further queries. :)
Thanks,
Caron.
I don't find any loophole as such in your sister's plan to give away the property to you and it isn't fair to comment on someone whom I really don't know until and unless I hear her doing something wrong with you. But I shall suggest that you use a warranty deed instead of the quit claim to get the title in your name.
The warranty deed transfers the title in your name and at the same time, it warrants that the persons granting the property are the legal owners of the property prior to the transfer. You don't get such a guarantee with the quit claim.
Regarding the 50% down payment, frankly speaking, I am a bit doubtful. I haven't heard of such a large down payment for buying a home. You can just negotiate with her to lower the down payment in case you feel it's too much that she is demanding.
Check out with our resource on Quit Claim to know more about the deed.
Do not hesitate to come up with further queries. :)
Thanks,
Caron.
I have a house which is all pay off and I want to give this to my little brother. Should I do a quick claim to avoid any taxes? I don't want to sell it to him because I don't want the property tax to go up...Any suggestion will be appreciated. Thanks, Tim.
Hi Tim,
Quit claim deed is a good option to use in case you want to give the house to your brother. The procedure for quit claim is also very simple and would effectively transfer your interest in the property in your brother's name.
Thanks
Colin
Quit claim deed is a good option to use in case you want to give the house to your brother. The procedure for quit claim is also very simple and would effectively transfer your interest in the property in your brother's name.
Thanks
Colin
Hi Tim,
Welcome to the forums.
"Should I do a quick claim to avoid any taxes?"
You cannot avoid taxes if you quit claim the property to your brother. But there can be certain exemption on the tax if the quit claim is considered as a gift provided to your brother. For 2006, the exemption limit on gift taxes is $12,000.
Know more on the Tax issues on Quit Claim from our Community discussions.
Thanks,
Caron.
Welcome to the forums.
"Should I do a quick claim to avoid any taxes?"
You cannot avoid taxes if you quit claim the property to your brother. But there can be certain exemption on the tax if the quit claim is considered as a gift provided to your brother. For 2006, the exemption limit on gift taxes is $12,000.
Know more on the Tax issues on Quit Claim from our Community discussions.
Thanks,
Caron.
I am so confused. I have been asking my ex-husband to sign quit claim over to me since the divorce, two years ago. I finally have it. what do I have to do now to get the house and mortgage in my name only. What will it cost? Can I do this without a lawyer?
Hi,
"what do I have to do now to get the house and mortgage in my name only."
By quit claim deed the house is transferred in your name. You should get the deed notarized by a notary public and recorded at the county recorder's office to make it valid.
To get the mortgage in your name you will have to get the mortgage refinanced in your name. In addition to it you should also inform the lender about the transfer of title in your name and enquire about the steps to go through for the refinance.
"Can I do this without a lawyer?"
The quit claim deed can be made without an lawyers help but it is always advisable to consult an lawyer.
Thanks
Blue
"what do I have to do now to get the house and mortgage in my name only."
By quit claim deed the house is transferred in your name. You should get the deed notarized by a notary public and recorded at the county recorder's office to make it valid.
To get the mortgage in your name you will have to get the mortgage refinanced in your name. In addition to it you should also inform the lender about the transfer of title in your name and enquire about the steps to go through for the refinance.
"Can I do this without a lawyer?"
The quit claim deed can be made without an lawyers help but it is always advisable to consult an lawyer.
Thanks
Blue
Hi,
With a refinance of the mortgage in your name you may have to pay for application fees, appraisal fees, may be asked to pay discount points, legal service charges, origination fees, survey charges, title search and title insurance fees and a credit check fees.
With a refinance of the mortgage in your name you may have to pay for application fees, appraisal fees, may be asked to pay discount points, legal service charges, origination fees, survey charges, title search and title insurance fees and a credit check fees.
hi guest,
to get the house in your name, it is better to use a grant deed or warranty rather than quit claim. i am suggesting this because, in future your ex husband can claim any part of the property. the reason behind it is, a quit claim does not guarantee that others have no rights on the property. it just reveals that the property interest is transferred to you.
a grant deed would have revealed that your ex-husband has transferred the property to you when he was on title and the title is now free of any liens except as mentioned in the deed. on the other hand, a warranty deed would have ensured that you have clear title to the property.
to get the mortgage in your name, you can ask your husband to do a novation by requesting the lender.
know more on how to get off mortgage from our previous discussion.
thanks,
caron.
to get the house in your name, it is better to use a grant deed or warranty rather than quit claim. i am suggesting this because, in future your ex husband can claim any part of the property. the reason behind it is, a quit claim does not guarantee that others have no rights on the property. it just reveals that the property interest is transferred to you.
a grant deed would have revealed that your ex-husband has transferred the property to you when he was on title and the title is now free of any liens except as mentioned in the deed. on the other hand, a warranty deed would have ensured that you have clear title to the property.
to get the mortgage in your name, you can ask your husband to do a novation by requesting the lender.
know more on how to get off mortgage from our previous discussion.
thanks,
caron.
can a man take control over a home that him and his wife own just because shes incarcerated? Can he have her name taken off of it?
Hi,
To take your wife's name off the title of the home, you will be required to have her consent to it.
If she agrees then she can quit claim her part in the house in your favor.
To take your wife's name off the title of the home, you will be required to have her consent to it.
If she agrees then she can quit claim her part in the house in your favor.
Hi Guest,
"can a man take control over a home that him and his wife own just because shes incarcerated? "
This is a legal matter and an attorney can give you the best answer.
"Can he have her name taken off of it?"
Yes, but the wife has to agree to sign the deed. Here also, an attorney will be able to advise you the best.
Thanks,
Sara.
"can a man take control over a home that him and his wife own just because shes incarcerated? "
This is a legal matter and an attorney can give you the best answer.
"Can he have her name taken off of it?"
Yes, but the wife has to agree to sign the deed. Here also, an attorney will be able to advise you the best.
Thanks,
Sara.
My question is, my father purchased a home but his credit was not great. His brother in law agreed to take the mortgage in his name and place my father and mother on the deed. The home is 2 months on arear due to the matter that his brother in law forgot to send him the bills and now my dad is trying to see what he can do. I am asking can my uncle quit claim the deed over to me. I am 19yrs old I have a steady job as an asst. manager for best buy for 2yrs. I my credit is a 618 middle score and i am trying to help my dad. He had gave an 80,000.00 down payment originally and i don't want they to lose the money or home. please advise thank you
Hi Jesus,
Your uncle can quit claim his interest in the property in your name. But that will not transfer the mortgage obligation that your uncle has taken, it will still be in your uncle's name.
You should consult the lender for transferring the loan in your name by way of a refinance or a novation.
R.Thomas
Your uncle can quit claim his interest in the property in your name. But that will not transfer the mortgage obligation that your uncle has taken, it will still be in your uncle's name.
You should consult the lender for transferring the loan in your name by way of a refinance or a novation.
R.Thomas
Hi,
You can go through our sections on Novation and refinance for more information on how to proceed and the option you should select among the two.
Many lenders often do not agree to a novation, so you should discuss with your lender about its possibility and then find out if they only allow for the refinance instead.
Thanks
Colin
You can go through our sections on Novation and refinance for more information on how to proceed and the option you should select among the two.
Many lenders often do not agree to a novation, so you should discuss with your lender about its possibility and then find out if they only allow for the refinance instead.
Thanks
Colin
During my divorce I agreed to give my husband the house because he is the custodial parent though we have joint custody and he swore that he wanted the kids to grow up in their home and that he would not sale the home so I agreed to let him have it. In the divorce papers it says that I was to file a quit claim deed but I never did. Now he is selling the house one year after our divorce. Since I didnt sign the quit claim deed can I get half of the equity on the home?