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
Can I get a form on the internet
Hi Sarah,
Quit claim deed forms are available on many sites. You can use this one if you like - http://www.wsba.org/info/x-12c.pdf
But while you fill up the deed form consult an attorney to complete it properly.
David
Quit claim deed forms are available on many sites. You can use this one if you like - http://www.wsba.org/info/x-12c.pdf
But while you fill up the deed form consult an attorney to complete it properly.
David
How soon after purchasing property can owner quit deed property over?
There is no time frame for which you have to wait before you can quit claim it to someone. You can transfer it as early as you like.
Martin
Martin
i have a mobile home in which my son took out a loan for and i have been making all the payments i owe 1 600.00 on the home and i need help with repairs, to get help i need it in my name. can i do a quick claim deed?
He can quit claim the home to you but the existing lender may ask for the mortgage balance to be paid off. Ask the lender if he would allow you to continue making the payments.
Your son will transfer the home to you as the grantor and you will be named grantee in the deed. I would say that you consult an attorney to correctly create the deed and then get it notarized and recorded.
Your son will transfer the home to you as the grantor and you will be named grantee in the deed. I would say that you consult an attorney to correctly create the deed and then get it notarized and recorded.
Can a quick claim deed be executed on a condo? If so, would the necessary prescreening of the new owners be negated?
You should contact the homeowner's association to know if they will allow the new person to own the condo without requirement of a prescreening. If it would be allowed then you can use a quit claim deed for the transfer.
Yes Necola, a quitclaim deed can be executed on a condo.
Welcome Necola,
I have heard people signing on a quitclaim deed for the tarnsfer of condominium. But whether a prescreening of the new owners is required will depend upon the condominium association.
I have heard people signing on a quitclaim deed for the tarnsfer of condominium. But whether a prescreening of the new owners is required will depend upon the condominium association.
Recently we found out that our elderly mother had signed a Quiltclaim to her brother ten years ago. Presently, our mother who is very ill wants to will her share of the house and property to her son. The house and property was was willed to three children by their deseased mother which our mother wants to Will her share to us. Do we have any recourse to change the previous Quiltclaim?
Hi,
Welcome to Mortgage discussion board.
Your mother had quit claimed her property to her brother 10 years ago and if the deed was properly notarized and recorded that time then it is a valid property transfer. After the deed gets recorded at the recorder's office the grantee becomes the new owner. However, if the deed was not notarized & recorded that time then the property is still in your mother's name and she can make a will for division of property.
The quit claim deed as such cannot be reversed. The new owner will be required to make a new deed to quit claim it back to the previous owner.
One way that can result in cancellation of the previous deed is when it can be proved that the grantor or your mother signed the deed under pressure or her brother used some unfair means to force her sign the deed. But from the information you have provided it does not seem that any thing of that nature happened.
Do let me know if you have any other questions on this issue.
Thanks
Blue
Welcome to Mortgage discussion board.
Your mother had quit claimed her property to her brother 10 years ago and if the deed was properly notarized and recorded that time then it is a valid property transfer. After the deed gets recorded at the recorder's office the grantee becomes the new owner. However, if the deed was not notarized & recorded that time then the property is still in your mother's name and she can make a will for division of property.
The quit claim deed as such cannot be reversed. The new owner will be required to make a new deed to quit claim it back to the previous owner.
One way that can result in cancellation of the previous deed is when it can be proved that the grantor or your mother signed the deed under pressure or her brother used some unfair means to force her sign the deed. But from the information you have provided it does not seem that any thing of that nature happened.
Do let me know if you have any other questions on this issue.
Thanks
Blue
No, once the quit claim has been done and recorded, you cannot change it.
i own a condo in Florida and my son will be making it his permanent residence come this summer since he will be attending a FL college and would like to permanently live there. i want to add his name to the deed of the condo...there is no mortgage on the property. How do I go about doing this?
Hi Valerie,
Welcome to the forums.
You can just contact an attorney and request him to prepare a grant deed for you. As there isn't any mortgage or other lien against the property, so a grant deed will be a good choice.
You may several grant deed forms online but it is best to get it drafted by a legal professional.
Thanks,
Sara
Welcome to the forums.
You can just contact an attorney and request him to prepare a grant deed for you. As there isn't any mortgage or other lien against the property, so a grant deed will be a good choice.
You may several grant deed forms online but it is best to get it drafted by a legal professional.
Thanks,
Sara