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 a quit claim deed be vacated and set aside, or voided?
It can be cancelled, but again you have to prove it that at the time signing the deed you were not given the proper information or you have been forced to sign the deed.
Hi Tml,
Welcome to MortgageFit Forums.
Once a quit claim deed is signed, the transfer is completed and it can't be voided. If you want to get back the property, it is extremely difficult to undo the deed unless the grantee agrees to sign it back to you.
Otherwise, to cancel a deed, you have to prove it invalid like you may have to prove that it was created under threats, or you signed it due to some lies by the grantee.
A lawyer needs to be hired to prove the transfer invalid, which can be expensive and there is no guarantee that you will be successful in it.
God bless you.
For Mortgagefit,
Samantha
Welcome to MortgageFit Forums.
Once a quit claim deed is signed, the transfer is completed and it can't be voided. If you want to get back the property, it is extremely difficult to undo the deed unless the grantee agrees to sign it back to you.
Otherwise, to cancel a deed, you have to prove it invalid like you may have to prove that it was created under threats, or you signed it due to some lies by the grantee.
A lawyer needs to be hired to prove the transfer invalid, which can be expensive and there is no guarantee that you will be successful in it.
God bless you.
For Mortgagefit,
Samantha
My mom had the deed changed after my Dad passed away - She holds "Life-Estate" and her name is listed with mine and my brothers name. She now wants to move in with me and sell her house but, my brother has no idea his name is on the deed. He hasn't worked in 8 years and my parents have been paying his bills since 1999. My mom wants all profits from the house but feels my brother will present a problem. I suggested a "Quit Claim" for me and my brother to sign the deed back to her. Will the profit be split 3-ways or 2-ways as the deed is listed? What if my brother refuses to sign the deed back to my mom? Should my mom try to claim pay-back for all the monies she has paid out for my brothers bills before the house is sold, so she can get more money from his share? Since my mom is 81 will she have to pay Capital gains?
Hi Puffin,
I think you are correct and it can be quit claimed by you and your brothr back to her so that she can sell it. So far she is having a life estate and you two are on the deed, she can'r sell the property.
You can't avoid your brother at this stage as his name is on the deed, so he is entitled to half of the profit along with you provided there is exchange of money in the transfer.
Now as I told you she will not be able to sell the house with a life estate on it and both of your names on the deed. She can only enjoy the house through out life.
Your mom can try to get back her money spent on the bills but, I doubt if your brother doesn't agree to pay it back nothing can be done.
Puffin, Real estate transfers are extremely critical matter and involves lot of technical issues. So, it's always wise to consult an attorney and seek his advice. He is the best person to guide you in this matter.
Regards,
Blue
I think you are correct and it can be quit claimed by you and your brothr back to her so that she can sell it. So far she is having a life estate and you two are on the deed, she can'r sell the property.
You can't avoid your brother at this stage as his name is on the deed, so he is entitled to half of the profit along with you provided there is exchange of money in the transfer.
Now as I told you she will not be able to sell the house with a life estate on it and both of your names on the deed. She can only enjoy the house through out life.
Your mom can try to get back her money spent on the bills but, I doubt if your brother doesn't agree to pay it back nothing can be done.
Puffin, Real estate transfers are extremely critical matter and involves lot of technical issues. So, it's always wise to consult an attorney and seek his advice. He is the best person to guide you in this matter.
Regards,
Blue
During times of great duress Quit Claimed property to a family member by verbal agreement - family member refused to discussed the return of property - just recently paid off property and changed ownership into her name.
Valerie,
Is there any scope of verbal agreement in these matters :?: I doubt whether anybody can make any claims on a verbal agreement. :?
James
Is there any scope of verbal agreement in these matters :?: I doubt whether anybody can make any claims on a verbal agreement. :?
James
I have been married for less than a year and things arent working. If my wife signs a quit claim deed before the divorce than does that mean she doesnt get half the house?
Hi Orange,
Welcome to MortgageFit Forums.
Through a quit claim deed your wife can transfer her interests in the house deed to you and after that she will not have any claim of interest in the house, but at the time of divorce the judge may decide on it whether to give her any share.
I think these are done through settlements in the court at the time of divorce. It's best to take the advice of an attorney in the matter.
God bless you.
For MortgageFit,
Samantha
Welcome to MortgageFit Forums.
Through a quit claim deed your wife can transfer her interests in the house deed to you and after that she will not have any claim of interest in the house, but at the time of divorce the judge may decide on it whether to give her any share.
I think these are done through settlements in the court at the time of divorce. It's best to take the advice of an attorney in the matter.
God bless you.
For MortgageFit,
Samantha
Hi Orange,
You have to acquire sole ownership on the house through a quit claim deed for that purpose. Once your wife signs a quit claim deed then after that, she can't claim any mariatl interest on it.
Consult your attorney and take his/her advice on the matter to get a clear explanation.
James
You have to acquire sole ownership on the house through a quit claim deed for that purpose. Once your wife signs a quit claim deed then after that, she can't claim any mariatl interest on it.
Consult your attorney and take his/her advice on the matter to get a clear explanation.
James
I am considering adding my daughter's name to my existing mortgage and title. I want to make sure that when I die, the house will belong to her. Would I do this with a quit claim deed? I do not want any debtors I may owe at the time of my death to be able to put a claim on the house.
Hi GK
welcome to the forums
yeah with the help of deed you can add your daughter to the title. This can be done with the help of local recorders. For this I think some nominal fee will be charged. But this will not add her onto the loan.
For adding her in the mortgage you need to contact your mortgage lender. They can guide you well on this.
Hope I have been able to guide you.
Good Luck.
welcome to the forums
yeah with the help of deed you can add your daughter to the title. This can be done with the help of local recorders. For this I think some nominal fee will be charged. But this will not add her onto the loan.
For adding her in the mortgage you need to contact your mortgage lender. They can guide you well on this.
Hope I have been able to guide you.
Good Luck.
Left the House five years ago, adonment. Has name on deed not loan. How can I get her name off if she will not sign
Hi,
You can get her name removed from the deed through a quit claim deed. Take the help of an attorney and get it done under his guidance.
Get the deed notarized and recorded in your County's recorder office. Feel free to ask if you have any more queries.
You can get her name removed from the deed through a quit claim deed. Take the help of an attorney and get it done under his guidance.
Get the deed notarized and recorded in your County's recorder office. Feel free to ask if you have any more queries.