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 Sandra,
As the divorce papers stated that you have to quit claim your interest in the home to him, I think you should get the quit claim deed prepared and transfer your interest.
Also as per the agreement he swore not to sell the home, so he has broken the agreement. For that reason you can take him to court and claim for a share if the property is sold.
As the divorce papers stated that you have to quit claim your interest in the home to him, I think you should get the quit claim deed prepared and transfer your interest.
Also as per the agreement he swore not to sell the home, so he has broken the agreement. For that reason you can take him to court and claim for a share if the property is sold.
Hi Sandra,
First of all, I should say that you are legally the owner of the property as you haven't transferred it through quit claim or any written statement or deed.
As the divorce papers state that you file a quit claim, what I get to understand is that the court wants your husband to take the property. So, the law can charge you for not filing the deed rather than your husband for selling it.
If you quit claim the property to your husband now, he can sell it legally and it's totally up to him to allow you for half the share of equity.
Do get back to us for further queries.
Regards,
Jessica.
First of all, I should say that you are legally the owner of the property as you haven't transferred it through quit claim or any written statement or deed.
As the divorce papers state that you file a quit claim, what I get to understand is that the court wants your husband to take the property. So, the law can charge you for not filing the deed rather than your husband for selling it.
If you quit claim the property to your husband now, he can sell it legally and it's totally up to him to allow you for half the share of equity.
Do get back to us for further queries.
Regards,
Jessica.
I BOUGHT A PROPERTY AND QUIT CLAIMED IT TO A FRIEND. HOW CAN I CAN IT OFF MY CREDIT?
Hi Young,
I found a similar query answered at http://www.mortgagefit.com/know-how/about5098.html . Refer to this page for the required information.
Thanks,
Caron.
I found a similar query answered at http://www.mortgagefit.com/know-how/about5098.html . Refer to this page for the required information.
Thanks,
Caron.
My mom and step father quit claimed their home to me 2 years ago. My mom just passed away now my step father is trying to say he didn't know what he was signing because he can't read. This is so not the case. What rights does he have now?
Hi Vanessa,
It is very hard to reverse a quit claim deed. Once a person signs the deed he will have to prove in the court that he was not aware of what he was signing at the time the deed was made.
Just saying that he did not know what he was signing can not be enough to cancel the deed.
James
It is very hard to reverse a quit claim deed. Once a person signs the deed he will have to prove in the court that he was not aware of what he was signing at the time the deed was made.
Just saying that he did not know what he was signing can not be enough to cancel the deed.
James
Hi Vanessa,
Since your father has quit claimed the property, so he no longer has any interest in it. As far as ownership rights are concerned, your father can claim it. But legally he should not get any such rights after he has quit claimed the property. Also, he has no right to sell the property.
Thanks,
Sara
Since your father has quit claimed the property, so he no longer has any interest in it. As far as ownership rights are concerned, your father can claim it. But legally he should not get any such rights after he has quit claimed the property. Also, he has no right to sell the property.
Thanks,
Sara
if grantee dies does it go back to grantor
Hi Julie,
One of the ownership rights of a property is right to possess the property. When a grantor signs quit claim deed, he can still have the right to possess property by retaining a life estate for himself.
The life estate gives the grantor the absolute rights to stay in the property until and unless he dies. And, only after the grantor dies, the grantee can get the right to possess the property. But if there is no life estate, the grantor has no legal right to the property after the quit claim is signed and the property is transferred to the grantee. So, even if the grantee dies, the grantor does not get back the property. Instead, the heirs of the grantee may get it.
Thanks
One of the ownership rights of a property is right to possess the property. When a grantor signs quit claim deed, he can still have the right to possess property by retaining a life estate for himself.
The life estate gives the grantor the absolute rights to stay in the property until and unless he dies. And, only after the grantor dies, the grantee can get the right to possess the property. But if there is no life estate, the grantor has no legal right to the property after the quit claim is signed and the property is transferred to the grantee. So, even if the grantee dies, the grantor does not get back the property. Instead, the heirs of the grantee may get it.
Thanks
I signed a quit claim during marriage, and now facing a divorce. Does the quit claim effect my share in home improvements made during marriage?. Also the house is his sole property. :cry: :cry: :cry:
Hi,
As you had quit claimed the home to your husband, I am afraid that at the time of divorce you will be not be able to put a claim for any share of the home.
A quit claim deed means that you have transferred your interest in the home in your husband's name.
As you had quit claimed the home to your husband, I am afraid that at the time of divorce you will be not be able to put a claim for any share of the home.
A quit claim deed means that you have transferred your interest in the home in your husband's name.
Hi,
If you have already quit claimed your share to your husband, then you cannot get any share in home improvements. But the court may allow you to get an interest in the property. You will have to wait for the court judgment on this issue. And, also check out what the court mentions in the divorce decree.
Thanks,
Sara.
If you have already quit claimed your share to your husband, then you cannot get any share in home improvements. But the court may allow you to get an interest in the property. You will have to wait for the court judgment on this issue. And, also check out what the court mentions in the divorce decree.
Thanks,
Sara.
We had to go the Chp. 7 bankruptcy, after 4 years of struggling after layoffs. We do not want the property, but the HOA says we have to pay the dues as long as the place is in our name. We even have moved! The bank has NOT contacted us and we DO NOT want the property. Someone suggested completing a Quit Claim Deed to the bank, relinquishing our ownership, then send the Quit Claim Deed along with a letter & the keys to the bank (a letter & copies to be sent to the HOA so they know it is no longer in our hands or responsiblity).
We don't want to relive court proceedings (we had enough & we've both experienced severe depression). We just want it over with, not to endure "foreclosure". By the way, the mtg was NOT reaffirmed & our liability to the mtg was discharged in the bankruptcy. The bank shows our balance as $0.00 on our credit report. This technically was a 2nd mtg, but our only mtg.
What is your opinion and/or experience?
Thanks!
We don't want to relive court proceedings (we had enough & we've both experienced severe depression). We just want it over with, not to endure "foreclosure". By the way, the mtg was NOT reaffirmed & our liability to the mtg was discharged in the bankruptcy. The bank shows our balance as $0.00 on our credit report. This technically was a 2nd mtg, but our only mtg.
What is your opinion and/or experience?
Thanks!
Hi Amber,
If the HOA accept the property then you can quit claim it in their favor. Before sending the keys and the quit claim deed as you have said you should get it cleared with them as to whether they will be accepting the property or not.
If the HOA accept the property then you can quit claim it in their favor. Before sending the keys and the quit claim deed as you have said you should get it cleared with them as to whether they will be accepting the property or not.
Hi Amber,
Welcome to the forums.
I think the homeowners association is asking for monthly payments paid for maintenance. Even if you do not stay there, you need to pay the dues as long as the property is in your name.
The bank has not contacted you because I think they already know that you are no longer liable to pay off the debt.
What you can do is to quit claim the property to the homeowners association instead of the bank. This is because the bank does not come into the picture after you are discharged from your debt. One more thing, after a person files for Chapter 7, he gets an automatic stay from foreclosure. And, in your case, the foreclosure is not applicable as you are no longer responsible to pay down the mortgage.
For a better idea of Chapter 7, refer our article on that topic.
Feel free to clarify your doubts.
Thanks,
Caron
Welcome to the forums.
I think the homeowners association is asking for monthly payments paid for maintenance. Even if you do not stay there, you need to pay the dues as long as the property is in your name.
The bank has not contacted you because I think they already know that you are no longer liable to pay off the debt.
What you can do is to quit claim the property to the homeowners association instead of the bank. This is because the bank does not come into the picture after you are discharged from your debt. One more thing, after a person files for Chapter 7, he gets an automatic stay from foreclosure. And, in your case, the foreclosure is not applicable as you are no longer responsible to pay down the mortgage.
For a better idea of Chapter 7, refer our article on that topic.
Feel free to clarify your doubts.
Thanks,
Caron