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
My mother is still living. She wants the house to go to me. Can I quick deed the house now while she is still alive to avoid any problems after she passes away?
Hi,
I think your mother should sign a quit claim deed to you while she is still living. But let me tell you, with this deed you will be getting only the interest in the property and not the title of ownership.
To transfer the title to the property, your mother will have to make a will so that on her passing away you can get the ownership rights.
Thanks,
Caron.
I think your mother should sign a quit claim deed to you while she is still living. But let me tell you, with this deed you will be getting only the interest in the property and not the title of ownership.
To transfer the title to the property, your mother will have to make a will so that on her passing away you can get the ownership rights.
Thanks,
Caron.
Hi,
I can tell you something as i have seen my aunt signing a quit claim to her son while still alive. It's always better to get the signature while living; after all you get to avoid legal hassles and you hardly have to run after attorneys for seeking help.
why not ask your mom to sign now?
I can tell you something as i have seen my aunt signing a quit claim to her son while still alive. It's always better to get the signature while living; after all you get to avoid legal hassles and you hardly have to run after attorneys for seeking help.
why not ask your mom to sign now?
Thanks for all your help so far!
My next question would be: Is it better then for mom to just transfer the title to me in my name so I would have interest and ownership of the house? A full deed transfer. As if I was just buying it. Does this mean then I would be responsible for all property taxes while she is still alive?
My next question would be: Is it better then for mom to just transfer the title to me in my name so I would have interest and ownership of the house? A full deed transfer. As if I was just buying it. Does this mean then I would be responsible for all property taxes while she is still alive?
Hi,
Yes you can have the full ownership of the house through a full deed transfer.
"Does this mean then I would be responsible for all property taxes while she is still alive?"
Since after the transfer, you will be the owner of the house, you will have to carry all the liabilities attached to the house even if your mother is still alive.
Please feel free to ask if you have any more doubts.
Thanks,
Jerry
Yes you can have the full ownership of the house through a full deed transfer.
"Does this mean then I would be responsible for all property taxes while she is still alive?"
Since after the transfer, you will be the owner of the house, you will have to carry all the liabilities attached to the house even if your mother is still alive.
Please feel free to ask if you have any more doubts.
Thanks,
Jerry
Yes, it has to be, as when you are getting the ownership then the taxes will also be paid by you.
And common Leonard, dont get scared of these taxes. I am sure that wont be too many.
And common Leonard, dont get scared of these taxes. I am sure that wont be too many.
Please tell me the legal form to use to transfer my property to my sons. Is it a quit claim deed? Would I still have control of it, or could they sell it without my consent? Could a nursing home sell it if I needed to pay their bills? Thank you so much.
Hi, allie
Yeah using qyuit claim deed, you can transfer the ownership to you son and its verry much legal. One you transfer the property, you son will have the right to sell it.
Yeah using qyuit claim deed, you can transfer the ownership to you son and its verry much legal. One you transfer the property, you son will have the right to sell it.
You can remain on title as well so nothing could be done without your consent. You may want to retain an attorney and grant them a POA if you become unable to meake decisions on your own. That way a neutral third party can represent your interests. Depending on the state you live in you may have a homestead exemption to protect the home against creditors. These questins are best resolved by a real estate lawyer or an attorney that can handle estate planning and wills etc....
I am financing a home for my daughter because she could not get any financing. She is only going to pay the interest and we will forgive some of the loan every year. I wonder if a quit claim deed would be a wise choice so if something happens to her we will be protected. The property was put into her name. I would like to hold this quit claim deed and not have to file it unless it becomes necessary. Does it have to be filed right away to be legal?
Hi Mary,
Welcome to MortgageFit Forums.
This is a matter within the family as your words indicate and you want to keep it within the family till the situation demands.
So, in that case you can prepare the deed and keep it with you after necessary procedures. To be legally valid a deed need not be recorded but to make a deed risk free it is to be recorded with the county's recorder office.
So, I would suggest you to consult a real estate attorney and take his suggestions in the matter.
God bless you.
For MortgageFit,
Samantha
Welcome to MortgageFit Forums.
This is a matter within the family as your words indicate and you want to keep it within the family till the situation demands.
So, in that case you can prepare the deed and keep it with you after necessary procedures. To be legally valid a deed need not be recorded but to make a deed risk free it is to be recorded with the county's recorder office.
So, I would suggest you to consult a real estate attorney and take his suggestions in the matter.
God bless you.
For MortgageFit,
Samantha
could you tell me what this means..the form of the public reads in this order:
rec date doc # name reference name title grantor/grantee
3/04 xxx S.T. B.S grant deed grantor
5/04 xxx S.T. R.T. grant deed grantee
5/04 xxx S.T. B.S. grant deed grantee
5/04 xxx R.T. S.T. grant deed grantor
5/04 xxx S.T. R.T. grant deed grantee
5/04 xxx B.S. S.T grant deed grantor
5/04 xxx S.T. B.S. grant deed grantee
6/05 xxx S.T. B.S. quitclaim deed grantor
who holds title to the house now...ST RT AND/OR BS?? ST & RT ARE MARRIED..BS is ST mom....RT owes me money...can i use this house as a lien? thank you marie
rec date doc # name reference name title grantor/grantee
3/04 xxx S.T. B.S grant deed grantor
5/04 xxx S.T. R.T. grant deed grantee
5/04 xxx S.T. B.S. grant deed grantee
5/04 xxx R.T. S.T. grant deed grantor
5/04 xxx S.T. R.T. grant deed grantee
5/04 xxx B.S. S.T grant deed grantor
5/04 xxx S.T. B.S. grant deed grantee
6/05 xxx S.T. B.S. quitclaim deed grantor
who holds title to the house now...ST RT AND/OR BS?? ST & RT ARE MARRIED..BS is ST mom....RT owes me money...can i use this house as a lien? thank you marie
I would like to answer your query but as I am not an expert and therefore not familiar with all the short forms. I would request you to please give me some more details so that I can help you.
Sorry for the inconvenience.
Zeal_Deal
Sorry for the inconvenience.
Zeal_Deal
I think the title is with BS, ST's mom.
If you can make it more clear about the form you were refering to then I think I will be more helpfull to you.
If you can make it more clear about the form you were refering to then I think I will be more helpfull to you.
WHEN I WENT TO DO A LITTLE RESEARCH ON A ORANGE CO. WEBSITE: OCGOV.COM THAT'S WHEN I FOUND ON THE PUBLIC RECORDS ABOUT THIS. SO IT HAS BEEN FILED WITH ORANGE COUNTY ; CALIF....I CAN UNDERSTAND IT GOING FROM BS TO ST; BUT WHY SO MANY OTHER CHANGES? AND WHAT IS THE DIFFERENCE BETWEEN A GRANT DEED & A QUITCLAIM DEED? THANK S FOR YOUR HELP. MARIE