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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

had a mortgage with a private owner , due to losing job, i quit claimed it back to them.. i am still living in same place havent moved but the condo wants to charge me 100 per person over 18 and have to go thru condo process again im in florida . can they do that?
Posted on: 01st Feb, 2013 01:13 pm
Welcome lea,

If you're staying in that property, then the present property owner has the right to charge you a rent. I don't think they are doing anything wrong or illegal.
Posted on: 03rd Feb, 2013 10:58 pm
can a quick claim be used to put 3 additional names on the deed? and if there is a home equity loan will that have to be transferred?
Posted on: 11th Feb, 2013 09:54 am
Hi mrc,

Yes, you can use a quitclaim deed to add 3 names to the property deed. If the borrower of the loan is on the property deed, then I don't think the lender will say anything if others are added to the deed, However, if you wish, you can inform the lender about the inclusion of names on the property deed.
Posted on: 12th Feb, 2013 08:26 pm
Hi, Not long before she left my husband, his ex talked him into refinancing the house. The the bottom dropped out of the market so there's a big mortgage and a lot owed on it. His and her names are on it, but he and I live in it. Do I have any rights to it should something happen to him, or should I want the trouble with so much owed. He and I pay ALL expenses for the house. Mortgage, taxes, HOA fees, insurance, upkeep, etc...Should I have him put me on a quitclaim deed? I'm worried.
Posted on: 23rd Feb, 2013 06:55 pm
Welcome Cindi,

Unless your name is added to the property, you won't have any rights to it. You can ask your husband to add your name to his share of the property. This will help you becoming a part owner of the property. He can use a quitclaim deed in order to add your name to the deed.
Posted on: 24th Feb, 2013 08:16 pm
No longer able to afford unit,will sending quit claim,sent to
Timeshare people be a correct step,since we are on fixed income
And in my middle 80s.
Posted on: 01st Apr, 2013 06:17 pm
Hi Skipbousquet,

If the property is free and clear, then you can use a quitclaim deed in order to transfer the property to the timeshare company.

Thanks
Posted on: 02nd Apr, 2013 10:31 pm
i bought this house on my own because she does not work. i want to put her on the title in case of my death
Posted on: 28th Apr, 2013 08:42 am
Hi tduck,

You can use a quitclaim deed and add your wife's name to the property deed.

Thanks
Posted on: 28th Apr, 2013 10:15 pm
Hi. I filed a quit claim deed with my mother transferring her home and property to my husband and I. She owes quite a bit of money in taxes. We have not yet gone to record it with the Town Hall. My question is that when we do does all the money owed for taxes become my responsibility as well and I have to pay it off or will it still be my mothers responsibility to pay?
Posted on: 22nd Jul, 2013 10:53 am
Hi Vera!

Welcome to the forums!

Once you become the owner of the property, you will be liable for paying the delinquent taxes.

Feel free to ask if you have further queries.

Sussane
Posted on: 22nd Jul, 2013 09:52 pm
Thank you! My next question is, if I don't go to record the deed what will happen?
Posted on: 24th Jul, 2013 09:02 am
Hi Vera!

Welcome to the forums!

If you do not record the deed, then your claim to the property won't be legalised.

Feel free to ask if you've further queries.

Sussane
Posted on: 24th Jul, 2013 10:24 pm
My mother owns a house but still owes money on it my husband and I are moving into it but it needs slot of work before we can get a loan for it can she quick claim or deed it to us if she still owes on it and how does that work
Posted on: 02nd Sep, 2013 06:31 pm
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