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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

Can the grantor sign a quit claim deed with a provision that the transfer does not take place legally until the date so stipulated on the deed? In other words, the grantor wishes to maintain ownership and control of the property until her death and then the ownership would transfer according to the terms of the deed.
Posted on: 01st Jan, 2006 03:40 pm
Hi Rita,

I think it is absolutely correct if an owner of a property sells his interest in the property even if someone else is on the deed. Actually the quit claim deed allows for the transfer of interest belonging to a particular owner to any other person without affecting the title to the property.

Regards,
Caron.
Posted on: 01st Jan, 2006 07:45 pm
Hi Dave,

I think the grantor can sign the deed and maintain ownership till the date mentioned. But the deed should state that only after the grantor's death, the ownership would be transferred to the concerned persons.

Your deed should support the provision for Right of survivorship which is quite common in case of joint tenants. So when the grantor dies, her share of ownership interest will be automatically divided among the survivors. But before transferring any share, just consult a lawyer to find out all possible consequences of the transfer valid in your case.

Thanks.
Posted on: 01st Jan, 2006 08:11 pm
Hi,
After a sour ending relationship-business partnership. I signed the home to my ex-girlfriend by hoping she will leave the business to me (since I was running the business and they were equal value). After she got quit Claim deed to home now she is trying to get most of the money from our business sale by claiming she invested more than I did.
What is my chances to null the quit claim deed.
Thanks for the help
Posted on: 04th Jan, 2006 11:07 pm
Hi,

I don't think the deed can be nulled, except if the document has provision to become null because of specific reasons. why not talk to an attorney and tell him your problem. And see if the attorney can help you keep your business profit. Show him the relevant papers that speak about how much you have invested.

All the best.
Jacob
Posted on: 04th Jan, 2006 11:50 pm
Hi Jack,

As far as I have heard in this situation, you can try to file a case against your ex-girlfriend. Doing the quit claim deed does not mean that you have transferred the title of ownership of your property to her. Only a part of your interest in the property has been given to her.

I would advise you that consult an attorney and file a case accordingly. You will be able to get back her share in the property and thus the quit claim deed will become null.

God Bless You.

Thanks
For MortgageFit,
Samantha.
Posted on: 05th Jan, 2006 12:29 am
If you have a Quit Claim Deed in both parties names, not married, with joint ownership/survivorship, can children of either party make a claim against the home. There is no mortage.
Posted on: 10th Jan, 2006 10:45 am
Hi,

Welcome to MortgageFit Forums.

If the property is hold as joint tenants, then the property passes automatically to the surviving joint tenant on the other's death.

If it is under tenancy in common, then the deceased's part passes to his/her heirs by law.

Since, yours' is under joint ownership, so the former case will apply. It is better to consult an attorney and change the ownership pattern if you want.

feel free to ask if you have any more doubts.

God bless you.

For MortgageFit,
Samantha
Posted on: 10th Jan, 2006 10:59 am
My mother is in a nursing home and is receiving medicaid. She has a home and wants to make a quick claim deed to replace her name with mine on the deed. can I use a quick claim for this purpose? Thanks
Posted on: 12th Jan, 2006 02:41 pm
Hi Sheila,

I am sorry to hear about your mother. I wish she gets well soon.

Through quit claim you can get your name added in the deed and will thus have ownership rights in the property.

But involve an attorney in the process and follow his suggestions.

If you have any more doubts, you can post it here.

Regards,
Blue
Posted on: 12th Jan, 2006 02:49 pm
Can the wife & I use a quit claim to our 3 kids & not lose our property to the government for nursing home care?
Posted on: 16th Jan, 2006 11:15 am
Gene, you need not worry, you will not loose your property to the government for nursing home care because even after you quit claim your property you still have the title of that property. And your kids will be getting your share of interest in the property.

Zeal_Deal
Posted on: 16th Jan, 2006 06:52 pm
My wife and i are going to devorce. we would like to know if we can avoid refinancing our house if quit claim is necessary. The house is only in her name, after refinancing a few years ago. We wonder if my name can be added to the mortgage, and then her name taken off by ouit claim at a later date? i have maid the payment for the past 31 years.
Posted on: 26th Jan, 2006 07:41 am
My wife and i are going to devorce. we would like to know if we can avoid refinancing our house if quit claim is necessary. The house is only in her name, after refinancing a few years ago. We wonder if my name can be added to the mortgage, and then her name taken off by ouit claim at a later date? i have maid the payment for the past 31 years.
Posted on: 26th Jan, 2006 07:45 am
Hi Paul

Yeah what you are saying is possible. You have been making the payments so you can talk to the lender on the same.

He will help you to get this thing done as he is only concerned about his payments and you have regular at that.

Thanks
Posted on: 26th Jan, 2006 07:51 am
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