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
hi tali,
welcome to mortgagefit forums.
through a quit claim deed you can transfer your interests in the house to your boyfriend. the deed form can be available online or you can purchase it from an office store.
but keep in mind that it's always better if the deed is prepared under the guidance of an attorney.
quit claim deed will not transfer the mortgage. to get your name removed from the mortgage, it needs to be refinanced in your bf's name only. discuss with the lender about your plan. you can refinance with the same lender or with a different lender if you want.
feel free to ask if you have more doubts.
god bless you.
for mortgagefit,
samantha
welcome to mortgagefit forums.
through a quit claim deed you can transfer your interests in the house to your boyfriend. the deed form can be available online or you can purchase it from an office store.
but keep in mind that it's always better if the deed is prepared under the guidance of an attorney.
quit claim deed will not transfer the mortgage. to get your name removed from the mortgage, it needs to be refinanced in your bf's name only. discuss with the lender about your plan. you can refinance with the same lender or with a different lender if you want.
feel free to ask if you have more doubts.
god bless you.
for mortgagefit,
samantha
Thank You! This is a very hard decision. I was under the impression that this was done through the title company.
Hi,
If I sign a quit claim deed over to my spouse does it release me from being responsible for the mortgage payments?
If I sign a quit claim deed over to my spouse does it release me from being responsible for the mortgage payments?
Hi Cindy,
Quit claim deed has nothing to do with the mortgage payments. Quit claim deed is done only to transfer the interests in the property.
You will still be responsible for the mortgage payments even after signing a quit claim deed. To transfer the mortgage you need to refinance it.
Quit claim deed has nothing to do with the mortgage payments. Quit claim deed is done only to transfer the interests in the property.
You will still be responsible for the mortgage payments even after signing a quit claim deed. To transfer the mortgage you need to refinance it.
i helped my mother sign for a house; and now i want the house signed over to her husband and out of my name.is the quick claim deed the way to go? and what are his requirements
Hi Marque,
Welcome to the forums.
A quit claim deed is usually done while signing over the share of interest in the property. So if you wish to transfer your share of interest in the property to her husband, then the quit claim is the right way.
But if you wish to take your name off the title and hand over the ownership rights to someone else, then you should look towards signing a title deed.
Regards,
Jessica.
Welcome to the forums.
A quit claim deed is usually done while signing over the share of interest in the property. So if you wish to transfer your share of interest in the property to her husband, then the quit claim is the right way.
But if you wish to take your name off the title and hand over the ownership rights to someone else, then you should look towards signing a title deed.
Regards,
Jessica.
Hi,
As far as I know, for the requirements of the deeds, you should approach an attorney and get a quit claim deed form prepared by him along with any other legal paper, if required.
Thanks,
Caron.
As far as I know, for the requirements of the deeds, you should approach an attorney and get a quit claim deed form prepared by him along with any other legal paper, if required.
Thanks,
Caron.
what forms would i need to add a name to a quickclaim deed
Hi Tubby,
There are free quit claim deed forms available on the Internet, however, most have minimal protections and are legal in only a few states. Laws regarding deeds differ in each state. A generic deed can not be valid in all states. I suggest you acquire a deed form specific to your state.
There are free quit claim deed forms available on the Internet, however, most have minimal protections and are legal in only a few states. Laws regarding deeds differ in each state. A generic deed can not be valid in all states. I suggest you acquire a deed form specific to your state.
I want to buy my ex-boyfriend out on a house we purchased together as equal single people. How do I maintain the orginal mortage interest rate on the house. I will quit or quick deed him a condo that I own in my name for his portion in the house.
Can I quit deed him the condo and he sales it/ I'm I still responsible for the loan balance it is very low for california.
Can He quit or quick claim the house to me and the kids and I will be responsible for the loan not him. I am trying to keep the interest rate around 5%...
Plx Help.
Can I quit deed him the condo and he sales it/ I'm I still responsible for the loan balance it is very low for california.
Can He quit or quick claim the house to me and the kids and I will be responsible for the loan not him. I am trying to keep the interest rate around 5%...
Plx Help.
"I want to buy my ex-boyfriend out on a house we purchased together as equal single people. How do I maintain the orginal mortage interest rate on the house. I will quit deed him a condo that I own in my name for his portion in the house."
Hi,
Actually I am a bit confused on what actually you want to do. :) If you want to keep the interest same you can go for a novation and check with your lender.
" Can I quit deed him the condo and he sales it/ I'm I still responsible for the loan balance it is very low for california. "
A quit claim deed has nothing to do with the mortgage. So, even if you quit claim your interests in the house, you are still liable to pay the mortgage loan. If you want to get your name removed from the mortgage, you need to go for a novation or refinance the mortgage in your ex's name.
"Can He quit or quick claim the house to me and the kids and I will be responsible for the loan not him. I am trying to keep the interest rate around 5%... "
He can quit claim his interests on the property to you but as I said earlier he won't be able to get out of the loan through quit claim. For that either refinance or novation is required.
Feel free to clarify your doubts with us.
Hi,
Actually I am a bit confused on what actually you want to do. :) If you want to keep the interest same you can go for a novation and check with your lender.
" Can I quit deed him the condo and he sales it/ I'm I still responsible for the loan balance it is very low for california. "
A quit claim deed has nothing to do with the mortgage. So, even if you quit claim your interests in the house, you are still liable to pay the mortgage loan. If you want to get your name removed from the mortgage, you need to go for a novation or refinance the mortgage in your ex's name.
"Can He quit or quick claim the house to me and the kids and I will be responsible for the loan not him. I am trying to keep the interest rate around 5%... "
He can quit claim his interests on the property to you but as I said earlier he won't be able to get out of the loan through quit claim. For that either refinance or novation is required.
Feel free to clarify your doubts with us.
My grandfather who died in 1982 had a house and land in his name. A quick claim deed was done in 1984 on the house and land. Do the other heirs have claim to this property or is it the one who had the quick claim deed done? He did not have a will.
I've been living on estate property for 29 years , I am one of the heirs. I have a home , well, septic tank and have taken care of the land for 29 years. What rights do I have in this land? The property that i am living on for these 29 years ,can it be split between the other heirs? My father has been dead for 23 years.
Hi,
Welcome to the forums.
If your father has created a will and considered you as a legal owner of the property, then you may receive your share of the property. However, if you are the heir, you can divide the interest in the property among all heirs through a quit claim deed.
Thanks,
Sara.
Welcome to the forums.
If your father has created a will and considered you as a legal owner of the property, then you may receive your share of the property. However, if you are the heir, you can divide the interest in the property among all heirs through a quit claim deed.
Thanks,
Sara.
My wife and I have divorced, she is giving me the house we bought together. Will I owe any taxes when we transfer ownership with a quit claim deed?
Thanks.
Thanks.