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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 Sara,

I think in this situation, it will be better if you together with your husband go to the bank and talk to them directly. You can ask the bank to allow for the refinance and at the same time sign the quitclaim deed as there is no problem in doing both these things at a time. If you request them, I think they will surely listen to you.
Posted on: 30th Aug, 2007 12:59 am
Sara your husband is misinformed of flat out lying to you. He can refinance in his name only (assuming he is qualified ) The new loan should payoff the mortgage and have the check for whatever owed to you to be cu to you at closing by the title company. You should only sign the quitclaim deed at the closing of the new mortgage for your husband once you have looked at the final HUD and seen the sum of the check that is being cut for you. If you sign before that you are basically giving the husband your righs to the property and after that the only way you getting anything if he wants to give it to you.
Posted on: 01st Sep, 2007 07:10 pm
I am caring for my terminally ill friend. He is wanting to sell his house. I am in fear of his passing before the house sells. Would it be benefical to do a quit claim deed now, prior to his passing putting the house in my name since in his will it is stated that the house will be sold and the proceeds are willed to me. Thus doing the quit claim deed I will not have to worry currently about emptying the premises immediately, while still caring for him in my home and it will not have to go into his estate after his passing.
Posted on: 05th Sep, 2007 01:38 pm
Hi,

I am sorry to hear about your friend's physical condition.

He can quit claim the house to you but as he is terminally ill, you will have to figure out whether he is considered to be in a mental state where he can take legal decision on his own.

You should contact an attorney and discuss this issue. He will be able to tell you if your friend with his present condition would be considered as mentally stable enough to sign on legal documents.
Posted on: 05th Sep, 2007 01:55 pm
i bough a house before i get married and the house is under my name. i want to sighn a quite claim deed so that if anything happen betwen us i have complete ownership, do u think by sighning quite claim deed from my wife , she can not claim the 1/2 property if a divorce happend?
Posted on: 19th Sep, 2007 10:39 pm
Afshin,

When you have purchased the house in your name, it means that you are the sole owner to the property. Your wife does not have any right on the house. So, when she is not included in the title, there is no point to sign over the quitclaim deed. Even if the divorce occur, your wife will not get any share out of it without your consent.
Posted on: 19th Sep, 2007 11:40 pm
2 months ago my Father passed away (Mother passed 5yrs ago). My sister and I were living in his home at the time of his death but didn't know my Dad given my one brother a quit claim deed to his house. On the day my Father passed away my brother came to the house and said he now owns the house and ordered my sister and I out immediately. This same brother is executor of my Dad's estate. He says he can pay the house payment from the estate...which means the other 4 siblings would be paying it also since we were all named in his Will. However the house was not mentioned in the Will as to what to do with it. The brother that got the quit deed says he got pre-approved for a loan to buy the house. If this is true, what would the procedures be and what rights do the the 4 of us have concerning the house? The attorney handling the estate won't talk to any of us about the will and our rights.

Thank you
Posted on: 22nd Sep, 2007 06:40 pm
Hi Rae,

Welcome to our forums.

It seems that things are in a mess already as your brother has got the deed in his name and has qualified for a loan also. One thing that I would like to say here is, if the estate excepting the house belongs to the four of you, then your brother cannot take out money from your shares and use it to pay without your permission. So, with this in consideration, you can approach a different lawyer and consult him. I think some legal action should be taken or else you'll lose the home as well as the estate and that shouldn't happen.

Good luck
Posted on: 24th Sep, 2007 02:31 am
I don't know if the 4 of us have an interest in the house as the house specifically was not in the Will. But does say for all property personal and real to be sold and divided amongst us. Also his Will was made out sometime before he quit deeded the house to my brother and gave him POA. This is so confusing..

Thanks again
Posted on: 24th Sep, 2007 01:29 pm
Hi Rae,

If all the siblings are named on the will, then you all have equal rights to the property and your brother alone cannot take it. Moreover, you will have to find out if the quitclaim was made earlier than the will or not. In that case, if the will was made after the quitclaim, it will supersede the quitclaim and the deed will not be valid.

BTW, was the deed recorded after signing it? If it is not recorded, it will be considered as an invalid deed. So if you can find out all these things, you can take legal action against your brother.
Posted on: 25th Sep, 2007 04:16 am
The Will was done before the quit deed and yes it was recorded. But again the Will says to sell and divide all personal and real property. Did you read my first question above also?
Thanks
Posted on: 25th Sep, 2007 07:53 am
Hi Rae,

As the quitclaim was done after the will and was also recorded, in that case, I think the quitclaim will supersede the will.

It means that your brother is now entitled to the entire property and you may not get any share to it.
Posted on: 25th Sep, 2007 08:52 pm
when my daughter got divorsed, my son purchase the house from her, so she could buy her x husband out.
now she wants to quit claim it back so she cana refinance and get her house back. is is quit claim deed the correct form thank you
Posted on: 27th Sep, 2007 03:03 pm
yup, that's the right form to be used.
Posted on: 27th Sep, 2007 11:21 pm
Hi Pat,

Your daughter can get back the house in her name by using a quitclaim deed. In the deed, your son will sign as the grantor and will give away the ownership to your daughter, the grantee.
Posted on: 28th Sep, 2007 09:37 pm
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