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Quitclaim Deed: A Document that transfers property-interest

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
  • 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
Two parties are there in a quitclaim deed process – grantor and grantee. Grantor is the party that transfers the property and the grantee is the party that gets the property. In a quitclaim deed, no promises are made by the grantor that the property is lien-free. Before opting for this deed, it is advised that the grantor should consult an attorney and know about the possible consequences of such property transfer.

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:

  1. In a divorce, when an ex-spouse transfers ownership of the property to the other.
  2. A spouse may add other spouse's name to the property title after marriage only by issuing the spouse a deed.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

  1. 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.
  2. Fill in the names of the grantor and the grantee. If possible address of both the parties has to be filled in.
  3. Signature of the grantor should be there in the form. In some states, signatures of both the grantor and the grantee are required.
  4. A public notary should verify the signature of the grantor. Generally, the grantor has to sign the deed in front of a public notary.
  5. 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.
  6. 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.

Related Readings

Related Forum Discussions

Hi, can u pls advice. My mom is thinking of looking into a quick claim deed for her property. I have 2 children and I wonder if she proceeds with it, shall I and my children have to pay for the annual property taxes?
Posted on: 22nd Oct, 2005 12:02 pm
Hi Elisa
Welcome to MortgageFit forum.

Through a quitclaim deed your mother can sign over the ownership and financial interest she holds in the property to whoever is named on the deed.

In case you and your children receive the property through the deed, then as long as the deed is prepared correctly and filed, you and your children will be financially responsible for the property. This implies that you will have to pay the annual property tax and may be also the mortgage payment, homeowner's insurance premium and maintenance costs of the property.

Hope this will guide you.

Regards,
Jessica.
Posted on: 22nd Oct, 2005 12:37 pm
my husband and I have decided to buy a home for our son to stay there. He will be making the monthly payment. now that we don't want to use this home for any tax gains, can we sign a quit claim property deed over to him so that we don't have to pay taxes on the home when he chooses to sell it? I know our son cannot get a loan on his own but we don't want to co-sign and still be responsible for the payments? Also, can anyone help me with a free quit claim deed form?
Posted on: 23rd Oct, 2005 12:02 am
Hi,

If you ask me about signing the deed, my suggestion would be big NO.

Your son doesn't have sufficient funds or credit to carry out the purchase independently. You bought the property in your name and if you sign the quit claim deed then the title is getting changed and lender will demand the repayment of loan immediately as the lender gave the loan to you not to your son. The reason behind the lender asking for the full repayment is that the loan was given to you, not your son and you have the better credit not your son.

But if you pay off your mortgage and then sign the property to your son with quit claim deed then it is taxable. You have to pay the tax in this regard.

I would suggest you to pay off your mortgage and then sell your property to your son at a fair market price and take back financing. You can also gift this property to your son and forgive some amount a year in debt. This will allow your son to hold the property free and absolutely clear. This will avoid gift and estate tax problems. Kindly consult a income tax quit claim deed professional for further assistance on tax issues.

If you can't pay off the loan, then try to work with your son each month to assure that all bills are fully paid in a timely manner. This will improve his credit status so that in the future he will qualify to finance the property on his own.

If you want to get a quit claim deed form free of cost, you can check out the given page: http://www.mortgagefit.com/predeal/quitclaim-stateforms.html . You will find a number of sample deed forms here. While you use them, make sure you contact an attorney in order to check out if the deed form suits your purpose.

Niicss

[Edited by Jessica, made minor changes. Thanks.]
Posted on: 23rd Oct, 2005 02:00 am
Hi Niicss,

I do agree with your reply. Great advice!!

Thanks,
Jessica.
Posted on: 23rd Oct, 2005 03:13 am
Hi,

My fiance lost his job and we were struggling to pay our mortgage (new mortgage, at that). His dad convinced us to sign a Quickclaim Deed to him (he found someone to rent our house, and we rent from him since it's about half the mortgage.) That was about 3 months ago. Now even though his tenants are paying rent in our house, and our agreement was that he would pay the mortgage each month, he hasn't paid. My mortgage is now as far behind as it was before we moved out. We now have the finances to move back in our home (and I would like to move back just to sever all ties with his dad). Does he have any claim to our house since I signed the deed? I didn't really understand why he wanted me to sign in the first place, but I was between a rock and a hard place. I didn't even know what is a quit claim deed or how does a quit claim deed work? My fiance gave me some idea about what does a quit claim deed do. Anyway, what are my options now? We live in Georgia.
Posted on: 24th Oct, 2005 02:47 pm
Hi Christene,

I feel really sad about your situation. It is really a sensitive issue. I hope somehow you and fiancee can convince your fiancee's father and settle the issue between yourselves.

The only option is if you and your fiancee were co-owner to the title and if only you have signed then only your claims gets transferred, whereas your fiancee still has claim over the property. So, in that case your fiancee can claim for it.

If the case is otherwise then try to convince him so that he helps you out. It's really unfortunate to see such a betrayal.

I would also suggest you to consult an attorney to find out some alternative.

Don't lose heart. Hopefully you will come out of this difficult situation with courage and patience.

Regards,
Blue
Posted on: 24th Oct, 2005 03:34 pm
Hi Christene,

Welcome to MortgageFit Forums.

Since you have signed in the deed so, he has claim now over the title and he has transfer it again in your name.

But be patient, and don't lose your hope. Try to convince him time and again. May be he will agree to your fiancee's request.

Also, consult an attorney to find out any more ways. I really believe that you will come out of this adverse situation.

God bless you.

For MortgageFit,
Samantha
Posted on: 24th Oct, 2005 04:03 pm
Hi!
My husband purchased a home prior to our marriage, and after married he completed a Quitclaim deed to add my name to the home. If something were to happen to our marriage, am I entitled to 1/2 the house I have been paying into through our loan? We live in Ohio.

Thanks!
Posted on: 27th Oct, 2005 03:58 pm
Hi,

Welcome to MortgageFit Forums.

Since your name has been added, so you are entitled to get the share. This is not going to be influenced by any break ups.

So, be assured to get half of the share in case of any seperation as far as your name is on the deed.

God bless you.

For MortgageFit,
Samantha
Posted on: 27th Oct, 2005 04:30 pm
i was divorced 5 years ago and house was given to me by the divorce court, in order to refinance the house i have to do a quit claim deed , but my ex wife will not sign it, what is the legal thing to do.
Posted on: 10th Nov, 2005 12:33 pm
Hi Jose,

I think it would have been better if you would have gone immdiately for a refinance after your divorce.

Nevertheless, you consult your local attorney to try and find a possibleway out.

Wish you best of luck.

Regards,
Blue
Posted on: 10th Nov, 2005 12:49 pm
Hi Jose,

Welcome to MortgageFit Forums.

Blue has mentioned it correctly, that these things should have been taken care of immediately after divorce, better at the time of divorce.

However, do not lose hope. Consult your divorce attorney or any other to find a solution.

It is always better if you can convince your ex-wife and settle the matter somehow off the court.

Take your attorney's advice and follow his suggestions.

Feel free to ask if you have any more queries. I certainly feel your worry and. Don't get worried too much, just stay cool and try for a solution.

God bless you.

For MortgageFit,
Samantha
Posted on: 10th Nov, 2005 01:12 pm
My ex and I are co-owners of the property she resides in. I would like to sell her my equity in the property. Is the quit claim deed the avenue to take. We are both co-signers on the properties mortgage. She is will to buy my equity, but is unable to refinance in her own name at this time.

What to do?
Posted on: 17th Nov, 2005 05:44 pm
Hi,

Yes John Quit Claim Deed is the right avenue to take if you want to tranfer your share of the property to your ex.

Regarding unable to refinance at this point of time I think you should consult an attorney.

Thanks,
Jerry
Posted on: 17th Nov, 2005 06:32 pm
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