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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

My dad has been placed in a nursing home, he is a diabetic and has had to have his 1/2 his leg taken off, his eye sight is gone, he is having kidneys to fail, the home-place where i grew up is not paid for,my dad has asked me a few times, if i would take over the payments on the place so we wouldn't lose the home-place, i have no issue with making the payments, i do have a couple of questions....
the bank tells me dad cant add my name to the deed, as my dad wants to do, is this true?
also,my dad has been in nursing home round 7 months and knows he cant' go back home, he lived by his self to begin with, i live a couple hrs from him.
will a quitclaim be of any help in this situation? do i need to search out legal services?
who would i contact about this stuff, i dont want to see the home-place lost, or the state to have any say so in it. I have 2 sisters they both would like to see my name go on something insuring the home-place would remain in the family, please can you help me, i need some info on this matter pretty quick, thank you for your time.
Posted on: 22nd Nov, 2005 02:24 am
Hi,

Sad to hear about your dad. I think you can do it with the help of Quit Claim Deed.

You may take help of your attorney if banks are not allowing this.

Thanks,
Jerry
Posted on: 22nd Nov, 2005 02:49 am
Hi Sondra,

Heard about your dad's critical situation. It is indeed sad to hear about his sufferings. But lets have faith in God. Let us pray to the almighty so that your dad gets some relief from this situation.

As far as keeping the home with you is concerned, I would say that you can do so with the help of a quit claim deed. Through this quit claim deed, your dad can transfer his interest in the property on your name.

In this case you will have to take the responsibility of making the payments on your home. But then you can atleast keep the home with yourself. This will also give your dad some sort of satisfaction that he has been able to save his home from being taken by the bank.

A quit claim deed is usually signed in front of the notary public services, which in most cases are the banks. You say that the bank stated that your name cannot be added to the deed. In that case you should immediately consult a real estate attorney so that he can contact the bank and explain your situation.

Hope that I could help you. May god help you to overcome this traumatic situation.

Regards,
Jessica.
Posted on: 22nd Nov, 2005 02:56 am
My husband and I own our home together, but during a separation, he forced me to sign a Quitclaim Deed, deeding the house to only him. We are now going forward with a Divorce Complaint. I was afraid of what the Quitclaim Deed would mean during division of our assets so I took it back from him. He is now asking for it back and giving me a dollar figure that he is willing to offer me ($5,000), but the equity in our house is more than $50,000. What would giving the Quitclaim Deed back to him mean in a settlement when the house is sold? Thanks for any advice you can give me.
Posted on: 09th Dec, 2005 03:51 pm
Hi Pamela,

Welcome to MortgageFit Forums.

I am glad to see the boldness in you. You have done absolutely right in taking back the deed.

Through a quit claim deed you are going to lose your title share for the house and it is going to be the sole property of your husband.

I feel he wants to cheat you by offering a mere $5000 for the house when you are saying that the equity is more than $50,000.

So, I would advice you not to sign the deed again considering your safety and security.

Feel free to ask anything more you want. I shall be happy to support you.

God bless you.

For MortgageFit,
Samantha
Posted on: 09th Dec, 2005 04:01 pm
Hi Pamela,

I too feel you should not give back the deed to your husband. This will debar you from getting anything when the house is sold.

James Hogg
Posted on: 09th Dec, 2005 04:07 pm
i'm confused between a quit claim deed and a novation.

let say a couple is getting divorced and both of them are listed as owners of the property. let say the husband wants to pass entire ownership of property to his wife using a quit claim deed.

the quit claim deed is for passing ownership or rights of the propert to someone else.

but what happens to the mortgage, who is responsible for paying the debt? a quit claim deed will free you out of the mortgage? or do you need to do a novation?
Posted on: 10th Dec, 2005 03:40 am
Obviously, on whom the loan is who is going to pay off the mortgage.

See, Novation is the substitution of new against the old contract.

You can go for novation also, it will allow to take the full loan on your name(husband).
Posted on: 10th Dec, 2005 04:01 am
Like to add few more things, as in some rare occurance, loan providers or creditors may agree to a novation which removes the name of one person as an obligated party on a debt.

Thanks
Posted on: 10th Dec, 2005 04:03 am
Hi,

Welcome to MortgageFit Forums.

If you want to transfer the mortgage along with the property rights then only quit claim deed will not be sufficient.

Quit claim deed is solely for transferring ownership rights of the property and it has nothing to do with the mortgage.

Lenders only will recognize the original borrower as his name appears on the loan papers.

For transferring the mortgage along with the property rights you need Novation.

Novation is the process to transfer the liability of a loan from the original borrower to a new borrower under lender's approval.

But to be on the safe side you should process the Novation formality first as in case of a divorce if you sign the quit claim deed and then your ex-partner does not agree to get the loan transferred in his/her name, then you will continue to be responsible for the mortgage.

Hope this information will help.

God bless you.

For MortgageFit,
Samantha
Posted on: 10th Dec, 2005 08:59 am
if you sign a quit claim deed, are you still responsible for the mortgage that was on it or are you signing the house over to someone else?
Posted on: 12th Dec, 2005 11:14 am
i now see the difference-------------do not sign a quit claim deed without signing a novation or they can still try to stick you with the mortgage.
Posted on: 12th Dec, 2005 11:31 am
Hi Kim,

Welcome to MortgageFit Forums.

Yes you are absolutely correct. You should go through the Novation formalities before you sign a quit claim deed.

This will enable you to get rid of the mortgage and you can stay relieved if you do not wish to pay after you hand over the deed.

God bless you.

For MortgageFit,
Samantha
Posted on: 12th Dec, 2005 12:01 pm
my exhusband wants to get a second mortgage to pay me out of the house. our divorce is less than one year now. the property was to be sold in six months and monies divided. he now wants to keep the house. he says i have to sign papers at closing. what is it i have to sign? i do not want any financial responsibility to repay this loan. my name is only on the deed.
Posted on: 16th Dec, 2005 08:42 am
Hi Callene,

Welcome to MortgageFit Forums.

No need to be afraid in this case. If you don't want to get involved none can force you.

Your name on the deed will not make you responsible for any loan unless your name is on the loan papers.

So, I shall advise you not to sign and register your name in the mortgage since you don't want it.

Talk to your husband and explain him that you don't want any loan in your name and I think he will understand as he can not force you under this situation.

God bless you.

For MortgageFit,
Samantha
Posted on: 16th Dec, 2005 08:50 am
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