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
"Is it possible to get my fathers name off of the deed before closing so that he is only on the mortgage as a gurantee of payment and 2. If this is not possible could he quick claim the deed to me after say 2 months."
You can have him sign a quit claim deed to you and that will remove his interest in the property but the lender or the bank may object because of the "due-on-sale" clause.
I shall recommend you to talk to an attorney familiar with the laws of your state on the issue.
You can have him sign a quit claim deed to you and that will remove his interest in the property but the lender or the bank may object because of the "due-on-sale" clause.
I shall recommend you to talk to an attorney familiar with the laws of your state on the issue.
Hi, my boyfriend is selling his home. When he divorced, the ex signed a quit claim deed. The deed was properly filed. Now, upon doing the title search, the lawyer says the deed wasn't signed properly and she must sign another one. What does he mean, and what ramifications could this have on the sale of the property?
Lawyers and attorneys know more than us as far as the laws are concerned. May be he saw some problem in the deed.
You can always ask him about the mistakes he is refering too and i dont think so that signing another deed will going to put much of an impact on the sale.
Thanks
You can always ask him about the mistakes he is refering too and i dont think so that signing another deed will going to put much of an impact on the sale.
Thanks
I am moving to from Colorado to Boise Id. I have a condo that is in my name. My question is can I turn the title over to my brother or what needs to be done. I will just be turning the place over to him he will assume the loan.
Please help I am leaving soon
Melissa
Please help I am leaving soon
Melissa
Hi, Melissa
Welcome to the forums.
You can transfer the title through quit claim deed. This is the most easiest and safest way to transfer the property. If you still want to know anything extra do let us know.
Thanks
Welcome to the forums.
You can transfer the title through quit claim deed. This is the most easiest and safest way to transfer the property. If you still want to know anything extra do let us know.
Thanks
I completed a quit claim deed but I want my name removed as well as deeding my interest.
If I have a quick claim deed from my husband, is he entitled to part of the house if we divorced
Hi Mojeda,
It depends on the court decisions as to whether your husband will be entitled to a part of the property which you have obtained through quit claim deed.
The deed has got nothing to do here, it's all about what the court offers you and your husband keeping in view both of your ownership rights in the property prior to the divorce.
Regards,
Jessica.
It depends on the court decisions as to whether your husband will be entitled to a part of the property which you have obtained through quit claim deed.
The deed has got nothing to do here, it's all about what the court offers you and your husband keeping in view both of your ownership rights in the property prior to the divorce.
Regards,
Jessica.
Power attorney executed a quit claim deed and wants equal share split to property and moneys e
Power of attorney is a legal instrument that is user to designate legal authority to other. If a person has the power of attorney then he has the rights to take any legal decisions for the principal.
If he has the power of attorney then he can execute the share of property the way he wants.
I hope I have been able to guide you.
If he has the power of attorney then he can execute the share of property the way he wants.
I hope I have been able to guide you.
My husband along with a brother and mother inherrited his grandfathers house. His brother and mother wanted to take out a home equitty loan but we wanted no part of it. We signed a Quickclaim deed signing them my husbands share. My mother-in-law wants to sell the house without giving my husband anything. Can she leagaly take his inherritace because of the Quickclaim deed?
My husband along with a brother and mother inherrited his grandfathers house. His brother and mother wanted to take out a home equitty loan but we wanted no part of it. We signed a Quickclaim deed signing them my husbands share. My mother-in-law wants to sell the house without giving my husband anything. Can she leagaly take his inherritace because of the Quickclaim deed?
Hi Alberta,
Welcome to MortgageFit Forums.
I am afraid that they can sell the house now with all the interests in their name.
Why did you sign a quit claim deed to them? This is the reason we always request every visitors to consult an attorney before going for a quit claim deed so that they can fully understand the consequences.
By signing a quit claim deed your husband has already handed over his interests in the property to your in-laws and unless he manages to get back his interests, he can't do anything to prevent the sale.
I doubt whether they are going to sign the deed back to him returning his interests. In that case you need to prove that the deed was signed under pressure which is a difficult thing to prove.
I shall still advise you to consult a lawyer and discuss with him about this problem.
God bless you.
For MortgageFit,
Samantha
Welcome to MortgageFit Forums.
I am afraid that they can sell the house now with all the interests in their name.
Why did you sign a quit claim deed to them? This is the reason we always request every visitors to consult an attorney before going for a quit claim deed so that they can fully understand the consequences.
By signing a quit claim deed your husband has already handed over his interests in the property to your in-laws and unless he manages to get back his interests, he can't do anything to prevent the sale.
I doubt whether they are going to sign the deed back to him returning his interests. In that case you need to prove that the deed was signed under pressure which is a difficult thing to prove.
I shall still advise you to consult a lawyer and discuss with him about this problem.
God bless you.
For MortgageFit,
Samantha
i have a mortgage on a home that i wish to quit claim to my fiance. i've got credit issues and i'd like to get the interest rate lowered. can this be done? we plan on selling this home eventually.