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
I'm in the process of divorce and my husband is keeping the house. Can we file a quitclaim deed to remove my name and does this remove me of any financial responsibility for the mortgage. At this time he may not be able to get a new mortgage. I live in Indiana.
hi darcyk,
you can use a quit claim deed to remove your name from the title of the property but that will not have any affect on your financial obligation towards the mortgage.
before you quit claim inform the lender & make sure the mortgage is also transferred by way of refinance in his name. other wise it may happen that you do not have any rights over the property but still obligated to make payments towards the mortgage. and if in case your husband stops making payments your credit score will be affected.
colin
you can use a quit claim deed to remove your name from the title of the property but that will not have any affect on your financial obligation towards the mortgage.
before you quit claim inform the lender & make sure the mortgage is also transferred by way of refinance in his name. other wise it may happen that you do not have any rights over the property but still obligated to make payments towards the mortgage. and if in case your husband stops making payments your credit score will be affected.
colin
SEVERAL YEARS AGO MY ELDERLY FATHER HAD A HEARTATTACK AND AT THAT TIME I PAID AN ATTORNEY TO HAVE THEIR PROPERTY QUIT CLAIMED TO MY SISTER, BROTHER AND I, JUST IN CASE ANYTHING HAPPENED TO HIM. BOTH OF MY PARENTS ARE ELDERLY AND MY FATHER IS GETTING EARLY ALZHEIMERS. MY HUSBAND AND I ARE CURRENTLY LIVING ON THE PROPERTY WITH MY PARENTS, THEY HAVE 10 ACRES. WE PAY THEM EVERY MONTH FOR LIVING THERE. BECAUSE OF A DISAGREEMENT BETWEEN MY FATHER AND ME, HE INSISTS THAT I NEED TO MOVE NOW. I DONT FEEL I SHOULD HAVE TO SINCE I HAVE QUIT CLAIMED THIS PROPERTY AND I HAVE BEEN PAYING ALSO FOR THE LAST
11 YEARS ON THIS PROPERTY. WHAT DO YOU THINK?
11 YEARS ON THIS PROPERTY. WHAT DO YOU THINK?
Hi Penny,
Sorry to hear about your father's condition.
If the deed was properly recorded at that time then property now is in name of your three. Your father can not ask you to leave now as you have legal ownership over the property along with your brother and sister.
As your father is sick, you should try to explain things gradually and may be just because of that disagreement he said something like that. I am sure this is just a temporary phase that will not stay for long.
Do let me know if any further problems arise.
Thanks
Blue
Sorry to hear about your father's condition.
If the deed was properly recorded at that time then property now is in name of your three. Your father can not ask you to leave now as you have legal ownership over the property along with your brother and sister.
As your father is sick, you should try to explain things gradually and may be just because of that disagreement he said something like that. I am sure this is just a temporary phase that will not stay for long.
Do let me know if any further problems arise.
Thanks
Blue
Yeah Darcyk, you can remove your name by signing a quit claim deed. But it will not relieve you from the responsibility of paying off the home loan.
Hi Penny,
Welcome to our forums.
What you understand is quite true – I mean you don't need to go out of the house if it's just a standard quit claim deed. You father is currently unwell and may be he is not in a mental position o understand what you are trying to tell him. This is a possibility since he is going through Alzheimer's.
Even my grandmother suffered from the same disease and I can tell you that it takes one through a tough phase – both the patient as well as the family members. Anyway, just to make things simple, sit with him and try to explain properly and resolve the issue.
Your parents may need you at this hour, so if possible try to adjust with what your father says; may be he is in no way understanding that after a legal transfer of the property, he cannot force you to move out.
Thanks,
Caron.
Welcome to our forums.
What you understand is quite true – I mean you don't need to go out of the house if it's just a standard quit claim deed. You father is currently unwell and may be he is not in a mental position o understand what you are trying to tell him. This is a possibility since he is going through Alzheimer's.
Even my grandmother suffered from the same disease and I can tell you that it takes one through a tough phase – both the patient as well as the family members. Anyway, just to make things simple, sit with him and try to explain properly and resolve the issue.
Your parents may need you at this hour, so if possible try to adjust with what your father says; may be he is in no way understanding that after a legal transfer of the property, he cannot force you to move out.
Thanks,
Caron.
ex-wife living in housing that judge gave her. My name still on deed. how can have it take off.
Welcome Latenite,
You need to draft a quit claim deed and transfer all your interest in the property to your ex-wife in writing. Then file the deed at the office of Register of Deeds. But do not forget to get it signed by a notary public before you proceed to record it.
You need to draft a quit claim deed and transfer all your interest in the property to your ex-wife in writing. Then file the deed at the office of Register of Deeds. But do not forget to get it signed by a notary public before you proceed to record it.
My father passed away in 2006, he had a will that i filed in probate, two things, first i'm the executrix of the will and also he left me the condo, which i lived in with him, until he passed away at 81. there was a mortagage on the condo, in his name, and the deed is in his name and my mother, who passed away 6 years. i know i own the condo, because he left it to me. but i'm trying to now get a mortagage in my name, which i have been approved for, but broker came back to me and said that i need to have a deed prepared. and being that i'm the executrix and the borrow, how do i go about rewriting the deed?
Hi Debi,
Welcome to Mortgagefit forum.
Your question has been answered on this page, please have a look - http://www.mortgagefit.com/know-how/about6343.html
Colin
Welcome to Mortgagefit forum.
Your question has been answered on this page, please have a look - http://www.mortgagefit.com/know-how/about6343.html
Colin
My father left my 2 brothers property with a quit claim deed with rights of survivorship. I want to buy out 1 brother who wants to sell. Do I need the other brother's permission? Does he need to agree? This is in Michigan.
Hi Lea,
The other brother who wants to sell his share of interest in the property to you can do so if he wishes. He will not have to take permission from other owner of the property. Each have rights to sell or gift their share of ownership to any other person and does not need to get permission.
The other brother who wants to sell his share of interest in the property to you can do so if he wishes. He will not have to take permission from other owner of the property. Each have rights to sell or gift their share of ownership to any other person and does not need to get permission.
Hi Lea,
Welcome to forums.
I don't think you need to take the other brother's permission if you wish to buy out one brother's interest in the property. Both the brothers have separate ownership interest in the property, hence you need not take permission to buy the property.
Thanks,
James.
Welcome to forums.
I don't think you need to take the other brother's permission if you wish to buy out one brother's interest in the property. Both the brothers have separate ownership interest in the property, hence you need not take permission to buy the property.
Thanks,
James.
Recently, my husband and I got a divorce, and the house was given to me by the court. My husband will not sign a quit claim deed until I have his name removed from the mortgage. Is this how it's done?
Hi Angela,
Welcome to the forums.
Your husband is perhaps not willing to take the responsibility of the mortgage and this is why he insists on removing his name from the loan document. Legally you will be the owner of the property and as per court instructions, your husband should sign on the deed and convey all his interest in property to you.
In general, a quitclaim does not require the person giving up his interest to take his name off the loan. One can quitclaim the property but this does not relieve him from his responsibility of paying off the loan.
You should tell your husband that if he is ignoring the court instructions, he may land into trouble. Still if he is not co-operating with you, then consult an attorney on how to deal with this situation. May be a legal professional can best explain your husband about the consequences of not signing the deed even though the court has already given you the property.
Thanks,
Sara
Welcome to the forums.
Your husband is perhaps not willing to take the responsibility of the mortgage and this is why he insists on removing his name from the loan document. Legally you will be the owner of the property and as per court instructions, your husband should sign on the deed and convey all his interest in property to you.
In general, a quitclaim does not require the person giving up his interest to take his name off the loan. One can quitclaim the property but this does not relieve him from his responsibility of paying off the loan.
You should tell your husband that if he is ignoring the court instructions, he may land into trouble. Still if he is not co-operating with you, then consult an attorney on how to deal with this situation. May be a legal professional can best explain your husband about the consequences of not signing the deed even though the court has already given you the property.
Thanks,
Sara