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
When I file for divorce, is this something I can add or it has tocome from the court?
Hi Ron Gr,
I don't think there is any such court ruling, but your rights on the property will be determined by what is stated on the quit claim deed. You can still consult an attorney on this issue.
Thanks,
James
I don't think there is any such court ruling, but your rights on the property will be determined by what is stated on the quit claim deed. You can still consult an attorney on this issue.
Thanks,
James
Hi Chris,
You can transfer any property as stated in the divorce decree by signing over a quit claim deed which is usually draftee by the divorce attorney you are dealing with.
You can transfer any property as stated in the divorce decree by signing over a quit claim deed which is usually draftee by the divorce attorney you are dealing with.
I need a Quit Claim Deed for a Timeshare in the State Of Nevada.
You can use this quit claim deed form:http://www.wsba.org/info/x-12c.pdf
Vaughan F.R.
Vaughan F.R.
Thank you Ron & adonis!!
Hi Guest,
"I need a Quit Claim Deed for a Timeshare in the State Of Nevada."
You can get a form from any website but just have it checked by your attorney. This is just to make sure that you can include all the terms and conditions of the property transfer in your form.
Thanks,
James
"I need a Quit Claim Deed for a Timeshare in the State Of Nevada."
You can get a form from any website but just have it checked by your attorney. This is just to make sure that you can include all the terms and conditions of the property transfer in your form.
Thanks,
James
Does an attorney have to prepare a quit claim deed?
Hi Lori,
It is not mandatory for an attorney to prepare the deed. But then he is a legal professional and he can take care of all the information that should be included in the deed. This will prevent you from any legal problems in the future.
Thanks,
Sara
It is not mandatory for an attorney to prepare the deed. But then he is a legal professional and he can take care of all the information that should be included in the deed. This will prevent you from any legal problems in the future.
Thanks,
Sara
WE HAVE PURCHASED TWO CONDO FOR OUR SON AND DAUGHTER. THEY ARE ACTUALLY MAKING THE PAYMENTS. WE LIVE IN ARIZONA-- AND WE HAVE OTHER CHILDREN. IF WE QUICK CLAIM DEED THEM TO OUR SON AND DAUGHTER, WILL THE MORTGAGE HAVE TO BE PAID OFF AND ALSO HOW DOES THIS AFFECT OUR ESTATE?
My parents are both deceased and in the "will" it stated that the cemetary
plots be sold and split between myself and my brother. The plots were misplaced and I have them now. The problem is my ex-husband was the
excutor. We have quit claim deeds, but who now becomes the Grantor? or
do we need to have my ex sign the forms so we can sell the property?
plots be sold and split between myself and my brother. The plots were misplaced and I have them now. The problem is my ex-husband was the
excutor. We have quit claim deeds, but who now becomes the Grantor? or
do we need to have my ex sign the forms so we can sell the property?
Hi Vicky,
Your ex-husband being the executor will have to distribute the property left behind by your deceased parents.
Executors often use Executor's Deed that helps to transfer property from a deceased person's estate. And, this deed is treated as a quit claim deed with an exception.
In general, quit claim deed does not offer the warranty that the person conveying interest in property has the lawful authority to do so. But an executor's deed warrants that the executor has the lawful authority to transfer the property.
After the property is transferred and your name appears on the title, you can sell it to a third party. Also, get the deed recorded at the County Recorder's office in order to to make it valid.
Thanks,
Caron.
Your ex-husband being the executor will have to distribute the property left behind by your deceased parents.
Executors often use Executor's Deed that helps to transfer property from a deceased person's estate. And, this deed is treated as a quit claim deed with an exception.
In general, quit claim deed does not offer the warranty that the person conveying interest in property has the lawful authority to do so. But an executor's deed warrants that the executor has the lawful authority to transfer the property.
After the property is transferred and your name appears on the title, you can sell it to a third party. Also, get the deed recorded at the County Recorder's office in order to to make it valid.
Thanks,
Caron.
Hi Margaret,
If you quit claim your property to your son and daughter, it will pass on to them. They will be the owners of your estate. signing over a quit claim deed will not affect the loan payments.
Thanks,
Sara
If you quit claim your property to your son and daughter, it will pass on to them. They will be the owners of your estate. signing over a quit claim deed will not affect the loan payments.
Thanks,
Sara
Can you please tell me how to word the portion of the deed that allows me to add my spouse to this section "Grantor hereby REMISES, RELEASES, AND FOREVER QUITCLAIMS to Grantee, half the right, title, interest and claim to the plot, piece or parcel of land..." and TO HAVE AND TO HOLD all of Grantor’s right, title and interest in and to the above described property unto Grantee, Grantee’s heirs, successors and/or assigns forever; so that neither Grantor nor Grantor’s heirs, successors and/or assigns shall have claim or demand any right or title to the property described above, or any of the buildings, appurtenances and improvements thereon, as I am not giving up all rights to the property
Hi Mary,
In my opinion you should consult an attorney in this matter. Why I am saying this is because how the deed is framed significantly depends on the prevalent laws in any particular state.
And an attorney would be in the best position to provide you the details in this regard.
In my opinion you should consult an attorney in this matter. Why I am saying this is because how the deed is framed significantly depends on the prevalent laws in any particular state.
And an attorney would be in the best position to provide you the details in this regard.