Compare Mortgage Quotes

Refinance Rates for Today

Please enable JavaScript for the best experience.

In the mean time, check out our refinance rates!

Company Loan Type APR Est. Pmt.

Quitclaim Deed: A Document that transfers property-interest

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
  • 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
Two parties are there in a quitclaim deed process – grantor and grantee. Grantor is the party that transfers the property and the grantee is the party that gets the property. In a quitclaim deed, no promises are made by the grantor that the property is lien-free. Before opting for this deed, it is advised that the grantor should consult an attorney and know about the possible consequences of such property transfer.

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:

  1. In a divorce, when an ex-spouse transfers ownership of the property to the other.
  2. A spouse may add other spouse's name to the property title after marriage only by issuing the spouse a deed.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

  1. 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.
  2. Fill in the names of the grantor and the grantee. If possible address of both the parties has to be filled in.
  3. Signature of the grantor should be there in the form. In some states, signatures of both the grantor and the grantee are required.
  4. A public notary should verify the signature of the grantor. Generally, the grantor has to sign the deed in front of a public notary.
  5. 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.
  6. 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.

Related Readings

Related Forum Discussions

My mother signed a QCD as grantee on my uncle's property. Is she legally the owner of the property? My uncle still has a loan on the property and my mother has been paying it. Does she need to refinance the loan with the lender or a new lender?
Posted on: 30th Nov, 2006 08:16 am
my husband and I own a home that our son has been living in and paying rent for 18 years. we would like to just sign it over to him. it is paid for.
would a quit claim deed be the best way?
Posted on: 30th Nov, 2006 08:21 am
Hi,
"my husband and I own a home that our son has been living in and paying rent for 18 years. we would like to just sign it over to him. it is paid for.
would a quit claim deed be the best way?"
Yes quit claim deed can be used in your situation.

As it is a inter-family transfer, this type of deed is mostly used. Also as there are no mortgage on it the transfer will be quite simple.
Posted on: 01st Dec, 2006 09:08 am
Sally, as the property was transferred to your mother through a quit claim deed, she has become the owner of the property.

The other thing is that, the property still has a mortgage on it. Was the lender informed that the property was transferred in your mother's name?

It must be that the lender is not aware of the transfer. And as your mother is paying for the mortgage, it should be refinanced in her name.
"Does she need to refinance the loan with the lender or a new lender?"
The lender will normally agree to refinance it but you can very well select a new lender if you get better terms from a different lender.
Posted on: 01st Dec, 2006 09:16 am
I've filed closure of probate estate, question is, my husband and I bought
the estate from my siblings and have paid them off, with them signing a
form of full distribution of estate...How do I go about getting all property
in my name? I have 3 deeds...I know there is no lean on any of it, is it
wise to just quick claim deed to my name?
Posted on: 01st Dec, 2006 12:15 pm
Hi TBerg,

If you had purchased the estate from the siblings then the property rights are in your name and you do not have to make any quit claim deed.
Posted on: 01st Dec, 2006 01:41 pm
Hi Tberg,

If you wish to get the property in your name, you need to convince your husband to sign over a quit claim deed and transfer the ownership rights to you. But I cannot make out what you mean by the three deeds. If you can give some more information about the types of deeds you have in your name, then perhaps I can give you a better suggestion.

God bless you

Samantha
Posted on: 03rd Dec, 2006 05:42 am
My parents divorced 10 years ago and in the divorce papers she was awarded the house which is now paid for. His name is still on the Deed. What would be the easiest and quickest way to remove his name from the title.
Posted on: 04th Dec, 2006 04:55 pm
Hi Guest,

You can have her sign a quit claim deed and remove her name from the deed. She will be the grantor and the person to whom she hands over the property will be the grantee as stated in the deed.

Thanks,

Sara
Posted on: 04th Dec, 2006 07:40 pm
My parents have a mobile home but do not own the property that it sits on. Would a quit claim be helpful for them?
Posted on: 06th Dec, 2006 11:22 am
Hi Alacia,

If the person who owns the property is willing to transfer it to your parents then a quit claim deed can be used.
Posted on: 06th Dec, 2006 11:33 am
Hi Alacia,

Your parents can quit claim the mobile home as they are the owners. But they cannot quit claim the land on which the mobile home is placed. This is because the land is not owned by your parents.

Thanks,

Sara
Posted on: 06th Dec, 2006 10:22 pm
My father & mother signed a quick claim deed to me (daughter) and it was placed on my name even though I'm married. Does my husband have rights to this home if we were to divorce?
Posted on: 08th Dec, 2006 11:25 pm
If the quit claimed is in your name, then your husband will not have rights to it. But thsi will depend more on the divorce decree that the court provides.
Posted on: 09th Dec, 2006 04:22 am
i am a defendant law suit the country is taking for the building of a bridge and after the where granted the right to take the land and the trail was started they now want to change the law suit and add my son name to the suit beacuse his name is on a quick claim deed that i made out that upon my death he would own the property But i retain the right to sale or do whatever i want to with this property. Is any court ruleing that i could look up to see what position i am in.

Ron gr
Posted on: 09th Dec, 2006 09:48 am
Page loaded in 0.195 seconds.