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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 husband and i recently divorced. we have several pieces of property that are to be transferred to me by quit claim deed. does the debt associated with each property get assigned to me when using a quit claim deed? what happens if i don't have the income to support the various mortgages? some properties have second mortgages secured by the home. i have been released as guarantor on the second mortgage, but the home is in both our names until the quit claim deed is issued. is the second mortgage going to impede the process of transferring title?
Posted on: 26th Jan, 2006 10:22 am
hi,

i feel sorry to hear about your divorce. the debts associated with the properties will not get transferred with the quit claim deed. if you want the debts associated with the property to also get transferred then you and your husband will have to undergo a process called novation.

novation is a process where the mortgage of a property gets transferred from a borrower to the new borrower with the consent of the lender.

for more information on quit claim deed and novation please visit the referred sections.

thanks,
samantha
Posted on: 26th Jan, 2006 06:53 pm
my son owns a house but he signed off the deed to his friends noo thinking what he was doing is there anythink he can do is name is still on the mortage
Posted on: 28th Jan, 2006 07:23 pm
hi rose

one thing to ask is why he signed the deed to his friend but when he has signed it then the only way to keep the name on the mortgage is to refinance it.

this will allow him to make the mortgage on his name.

thanks
Posted on: 28th Jan, 2006 08:26 pm
Iam unableto pay my mortgage due to a changein family sityation..May I quit claim the property (home) to another party, and how do I do it?
Posted on: 02nd Feb, 2006 01:55 pm
Iam unableto pay my mortgage due to a change in family situation..May I quit claim the property (home) to another party, and how do I do it?
Posted on: 02nd Feb, 2006 01:55 pm
hi maggie,

welcome to mortgagefit forums.

i am unable to give you a specific suggestion without knowing exactly what has happened in your case.

but quit claim deed will only transfer your interest in the property to a new owner and will not transfer the mortgage.

you will still be responsible for the mortgage repayment. to transfer the mortgage, you have to refinance the loan in the name someone else.

you should involve an attorney in the process and take his suggestions.

god bless you.

for mortgagefit,
samantha
Posted on: 02nd Feb, 2006 02:02 pm
I owned the home with my first husband..I refinaned it after I was married to the second one,to purchase it from the first husband,,it was only in my name and never in the second husband's name..We are considering divorce now,and he expects to claim the equity in MY home to be paid to him, although it was never his.. I want to quit claim the home to a nother party,and still be responisble for the mortgae paymentsto save the property for my daughter's future..can I do it beforethe divorce is filed??
Posted on: 02nd Feb, 2006 05:09 pm
Hi maggie,

Since your second husband's name is not on the title to the property, so he cannot claim any part of your equity. The divorce thus, has no role to play here. it doesn't matter if you can quit claim the property before divorce.

It is absolutely right if you can quit claim your home to another party. By doing that, you will be transferring only your interest in the property and not the title of ownership. So you will still be the owner of the property and be responsible for mortgage payments.

If you still feel, you can further consult an attorney for your own satisfaction.

Thanks,
Caron.
Posted on: 02nd Feb, 2006 08:55 pm
Hi. I am divorced now but the house is still in both of our names. My ex is having it refinanced but they need me to sign a quict claim deed first. Is this a smart idea to sign it first? What if he doesnt get the loan then I have no rights to the house but still am responsible for the money owed on it?? Please help soon!!!
Posted on: 07th Feb, 2006 11:16 am
Hi Nichole,

Welcome to MortgageFit Forums.

It's wise to think on your part that he may not refinance once the deed is signed and then you will remain responsible for the repayment. If a refinance is done it will help you to transfer the loan in your ex's name.

If you feel there can be such problem with your ex-spouse, then get the loan refinanced first and then sign the quit claim deed.

Involve your divorce attorney in the process and consult him for the most appropriate suggestion.

God bless you.

For MortgageFit,
Samantha
Posted on: 07th Feb, 2006 11:25 am
my son purchased a property (my credit is not good) and i have been paying all mortgages, taxes, etc. at closing he gave me a quit claim deed which i did not record because of the IRS. He later filed for divorce and his wife is trying to claim it as marital. can she do this? :?: :lol:
Posted on: 09th Feb, 2006 08:20 am
Hi,

Welcome to MortgageFit Forums.

Even if the deed is not recorded, it is a valid one. The purpose of recording a deed is to let the public know about your interest in the property.

But there are some problems. Without recording the deed, you may not be able to sell your interest in the property or obtain a loan using the property as collateral.

Even there may be problems created by the mortgage company and if some one gets a judgment from the court against your husband, then he/she may force the house to be sold and collect the judgment from the sale proceeds.

So, even though the deed is a valid one it may create problems for you. It's better if you approach your son and an attorney and get it recorded.

God bless you.

For MortgageFit,
Samantha
Posted on: 09th Feb, 2006 08:59 am
My ex spouse signed a quit claim deed and I refinanced the morgage in my name only. The divorced was final just before Dec. 21, 2005. He got the 401K which we both considered fair and equal through a mediator. Now suddently, tax time, he wants copies of all my tax documents related to the morgage in 2005, stating he can use the morgage interest for his tax return. I've already filed and claimed everything in my name. Did I handle this incorrectly? Can he use the morgage interest paid before I refinaced in my name which was about Sept. of 2005?
Posted on: 12th Feb, 2006 02:51 pm
Don’t worry Katherine you did not handle this incorrectly. I think he can use the mortgage interest paid for his tax return because you did not refinance before the period for which he filing the tax return. Its better that you consult an attorney.

Zeal_Deal
Posted on: 12th Feb, 2006 07:06 pm
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