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
Hi Marie,
There is a major difference, a grant deed warrants that the grantor actually owned the title to transfer, which a quitclaim deed would not, since it only transfers what the grantor owned, if anything.
There is a major difference, a grant deed warrants that the grantor actually owned the title to transfer, which a quitclaim deed would not, since it only transfers what the grantor owned, if anything.
Hi,
The basic difference between a grant deed and a quit claim deed is that a grant deed verifies that the claim is logical and truly described, which a quit claim deed fails to do.
Thanks,
Jerry
The basic difference between a grant deed and a quit claim deed is that a grant deed verifies that the claim is logical and truly described, which a quit claim deed fails to do.
Thanks,
Jerry
ANY THOUGHTS AS TO WHY THERE WERE SO MANY TRANSACTIONS GOING FROM BS TO ST TO RT AND BACK AGAIN?? THANKS MARIE
May be a tax saving plan but the exact reason is bit diffucult to find.
Well as mac said its bit difficult to tell the exact reason, but may due to some kind of liabality.
Thanks,
Jerry
Thanks,
Jerry
THANKS ...BS & HER HUSBAND OWNED THE HOME TIL HE PASSED @5 YRS AGO...BS AS OF 8/05 MOVED TO ARIZ....ST & RT HAVE NEVER OWNED BEFORE, HAVE HAD SEVERAL STATE & FEDERAL TAX LEINS (WHICH MAGICALLY HAVE BEEN RELEASED IN THE LAST FEW YEARS--EVEN THOUGH HE HAS BEEN UNEMPLOYEED FOR THE LAST 3 AT LEAST) & RT HAS ALSO HAD A UNEMPLOYMENT ABSTRACT JUDGMENT AGAINST & RELEASED WITHEN THE LAST 5 OR SO YRS....DUE TO HIS SS# & UNEMPLOYMENT FRAUD ABOUT 15 YRS AGO.
SO I AM JUST LOOKING FOR A POSSIBLE WAY TO GET THE MONEY OWED TO ME BY RT; & I THOUGHT HE MAY NOW BE A DEED OWNER TO THIS HOUSE....CAN I LIEN THE HOUSE IF ST HAS THE DEED; SINCE HER & RT ARE MARRIED? THANKS AGAIN...WHAT A NEAT SITE THIS IS I JUST HAPPEN TO FIND! THANK YOU MARIE
SO I AM JUST LOOKING FOR A POSSIBLE WAY TO GET THE MONEY OWED TO ME BY RT; & I THOUGHT HE MAY NOW BE A DEED OWNER TO THIS HOUSE....CAN I LIEN THE HOUSE IF ST HAS THE DEED; SINCE HER & RT ARE MARRIED? THANKS AGAIN...WHAT A NEAT SITE THIS IS I JUST HAPPEN TO FIND! THANK YOU MARIE
Looking at the explanation, what i can make out is they must be doing this to bypass the tax and save money by transfering the title again and again.
May be they are also trying to escape from paying you the money, for that reason they are showing these things as you said that they have been unemployed for 3yrs and suddenly they paid off their tax leins.
You can discuss your problem with the local attorney and to me you should put your claim.
May be they are also trying to escape from paying you the money, for that reason they are showing these things as you said that they have been unemployed for 3yrs and suddenly they paid off their tax leins.
You can discuss your problem with the local attorney and to me you should put your claim.
THANKS FOR ALL YOUR HELP...MARIE
My husband would like to get his two brothers of the deed. After a quit
claim is filled out. Is in vital to have it notorize. Due to different schdules
its impossible to get everyone to a notary. Will New Jersey County clerk
office accept, recognize and record it as being legal and binding if notorize or not. WE don't want them to have any claims on the property how can be get them off forever!
claim is filled out. Is in vital to have it notorize. Due to different schdules
its impossible to get everyone to a notary. Will New Jersey County clerk
office accept, recognize and record it as being legal and binding if notorize or not. WE don't want them to have any claims on the property how can be get them off forever!
If I am separated from my spouse and he agreed to sign over the deed to me with a quit claim deed can I do this if we have a lien on the property for a joint mortgage? If so, after he signs the quit claim deed is that giving him up all rights to the property even though we don't have a complete divorce settlement in writing only verbal?
hi,
you can quit claim your interest in the property to your husband with a mortgage on it. but you will still be responsible for the mortgage even after the transfer.
so, it's best to refinance the mortgage in your husband's name along with the property transfer so that you are free from the mortgage too.
since, your divorce settlements are still pending, it is advisable to have these things settled within that time. consult your divorce attorney and follow his suggestion so that you don't fall in trouble in future.
regards,
blue
you can quit claim your interest in the property to your husband with a mortgage on it. but you will still be responsible for the mortgage even after the transfer.
so, it's best to refinance the mortgage in your husband's name along with the property transfer so that you are free from the mortgage too.
since, your divorce settlements are still pending, it is advisable to have these things settled within that time. consult your divorce attorney and follow his suggestion so that you don't fall in trouble in future.
regards,
blue
Thank You!!!
my grandmother was divorced 3 years ago and awarded the house. Her x husband now resides in another country what are the requirements on a quit claim deed signed in another country? any help would be appreciated
Hi Maria,
It's good to see your concern for your grandmother. The procedures of quit claim should be witnessed and the deed should be notarized by an authorized notary of that country.
Consult your local attorney to get a proper guidance about the procedure.
Regards,
Blue
It's good to see your concern for your grandmother. The procedures of quit claim should be witnessed and the deed should be notarized by an authorized notary of that country.
Consult your local attorney to get a proper guidance about the procedure.
Regards,
Blue
Hi Maria,
Actually these sorts of things should be taken care of at the time of divorce and shouldn't be left over.
As you know that there can be problems afterwards and you never know what is going to happen in future. But it's not too late yet I believe.
As Blue suggested, the deed should be processed as per the law of the country or the state where it is located. Since your grandfather is in a different country, so notarization can be done by an authorized notary of that country.
Always consult with your local attorney to have a proper guidance.
Best wishes.
Angel
Actually these sorts of things should be taken care of at the time of divorce and shouldn't be left over.
As you know that there can be problems afterwards and you never know what is going to happen in future. But it's not too late yet I believe.
As Blue suggested, the deed should be processed as per the law of the country or the state where it is located. Since your grandfather is in a different country, so notarization can be done by an authorized notary of that country.
Always consult with your local attorney to have a proper guidance.
Best wishes.
Angel