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
I signed a quit claim deed to my ex six years ago. The mortgage company has not removed my name and the property is now in his name only. We have both tried to remove my name. Now he has remarried and we don't know what else to do to get them to remove my name and add hers. Any suggestions? Possibly get him to add her to the quit claim deed?
Hi,
As far as my knowledge says, when you sign a quit claim deed you are actually transferring a share of your property interest and not the title to the property. Probably that is the reason why the mortgage company hasn't removed your name from the title.
The best thing that you can do is to talk to the mortgage company and sign a title deed through which you can remove your name and add your ex's present wife's name to the title. Adding her to the quit claim deed will give her a share of the property which she cannot own.
Thanks,
Caron.
As far as my knowledge says, when you sign a quit claim deed you are actually transferring a share of your property interest and not the title to the property. Probably that is the reason why the mortgage company hasn't removed your name from the title.
The best thing that you can do is to talk to the mortgage company and sign a title deed through which you can remove your name and add your ex's present wife's name to the title. Adding her to the quit claim deed will give her a share of the property which she cannot own.
Thanks,
Caron.
If I signed a quit claim deed and it was never recorded is it still valid? and is there a specific time frame to have it recorded. Is there anyway to reverse a quit claim deed?
Hi lori.
Let me answer your queries one by one.
"If I signed a quit claim deed and it was never recorded is it still valid? and is there a specific time frame to have it recorded."
Yes, the deed is still valid despite being not recorded. There is no such specific time frame for it to get it recorded. Its always advisable to record it as promptly as possible. If you fail to record it then it can create some problem for you.
It is not easy to reverse the deed once recorded. You need to prove that it was signed under threat or duress.
Thanks
Let me answer your queries one by one.
"If I signed a quit claim deed and it was never recorded is it still valid? and is there a specific time frame to have it recorded."
Yes, the deed is still valid despite being not recorded. There is no such specific time frame for it to get it recorded. Its always advisable to record it as promptly as possible. If you fail to record it then it can create some problem for you.
It is not easy to reverse the deed once recorded. You need to prove that it was signed under threat or duress.
Thanks
I have a mortgage on a property, and my ex BF wanted me to do a quit claim deed to his business so that he can show assets and obtain a line of credit for his business. He never received the line of credit, and now that we are no longer dealing with each other, I have asked him to put the property up for sale (I moved back to NY)he is in GA. He is now using the quit claim deed to "sell the property". Is that legal and will he receive any monies at the time of sale after the mortgage is satisfied? Which is why I want to retract the quit claim deed.
I have some confusions in my mind. Correct me if I am wrong.
You are saying that thhe property was quit claimed to your boyfriend and as the relation is no more between you people so you want that property back.
If this is correct, then you can take the property back from him through the deed and there are few other way also.
You are saying that thhe property was quit claimed to your boyfriend and as the relation is no more between you people so you want that property back.
If this is correct, then you can take the property back from him through the deed and there are few other way also.
He will not deed it back to me voluntarily, and if the property sells, will he be entitled to any proceeds? Since he obtained the quit claim deed under false pretenses
"He will not deed it back to me voluntarily, and if the property sells, will he be entitled to any proceeds?"
On this, yes as he has ownership now.
Its tough to get the property back once its has been quit claimed deed.
The only way is if you can prove that transfer is invalid say for example because you signed the deed under some threats or other extreme pressure, or you signed it due to some lies the grantee told you. To invalidate this transfer you needs some lawyers assistance, but this can be bit expensive and chances of going into your favour is also less.
But if this can be proved then the guilty person has to face 10yrs of prisonment and a fine up to $20,000, a $500 payment to a victims fund, all the court costs, and $100 for DNA profiling. Along with it, court may order restitution up to double the value of the loss.
Hope I have been able to help you.
Thanks
On this, yes as he has ownership now.
Its tough to get the property back once its has been quit claimed deed.
The only way is if you can prove that transfer is invalid say for example because you signed the deed under some threats or other extreme pressure, or you signed it due to some lies the grantee told you. To invalidate this transfer you needs some lawyers assistance, but this can be bit expensive and chances of going into your favour is also less.
But if this can be proved then the guilty person has to face 10yrs of prisonment and a fine up to $20,000, a $500 payment to a victims fund, all the court costs, and $100 for DNA profiling. Along with it, court may order restitution up to double the value of the loss.
Hope I have been able to help you.
Thanks
my mother wants to leave her house to me her son. she also has a daughter that she has disowned. so if we do a quick deed will the house stay in my mothers name untill she passes. then just go straight to me with out going through probate.
My mother has done a quit claim on her property to myself and my two siblings. One of my siblings owes her a large sum of money and it is unlikley they will pay it back. What happens (whem my mom is deceased)to the quit claim when one of three parties has an unpaid debt to the person that did the quit claim deed?
Hi son,
If the property is a living trust or it is jointly owned with the right of survivorship, then only probate can be avoided. With a quit claim deed, your mother can only give you a share of the interest in the property but your name does not appear in the title. For that she can sign a title deed to give you ownership rights or if she is now the owner, she can make a will so that after she dies, you become the owner.
This is done in several states where you don't need a probate for such transfers. But in some states, even with a valid will, the property may not be automatically transferred to the survivor, and in that case, a separate probate is required.
So you need to consult a real estate attorney and discuss the matter as soon as possible. He will give you an idea about the laws on probate in your state.
Thanks,
Jerry.
If the property is a living trust or it is jointly owned with the right of survivorship, then only probate can be avoided. With a quit claim deed, your mother can only give you a share of the interest in the property but your name does not appear in the title. For that she can sign a title deed to give you ownership rights or if she is now the owner, she can make a will so that after she dies, you become the owner.
This is done in several states where you don't need a probate for such transfers. But in some states, even with a valid will, the property may not be automatically transferred to the survivor, and in that case, a separate probate is required.
So you need to consult a real estate attorney and discuss the matter as soon as possible. He will give you an idea about the laws on probate in your state.
Thanks,
Jerry.
Hi Julia,
I don't think that it will affect the deed if its not a secured debt. Tell me is the debt against your property? Then that person may have problems in getting his name on the title. But he can atleast retain his share in the property interest with the quit claim deed.
Thanks,
Caron.
I don't think that it will affect the deed if its not a secured debt. Tell me is the debt against your property? Then that person may have problems in getting his name on the title. But he can atleast retain his share in the property interest with the quit claim deed.
Thanks,
Caron.
Can I quick claim over a timeshare bought with my boyfriend? I have not paid, used or plan to use it. He has been making all the payments except for $400 that I paid up front. In order to remove my name from all dept owned, will a quick claim work? Can he sue me for half that he paid & i didnt?
Hi Sheri,
You can quit claim the property and remove your name but I think that has to be agreed by your boyfriend too.
The mortgage will still continue to be in your name.
You can quit claim the property and remove your name but I think that has to be agreed by your boyfriend too.
The mortgage will still continue to be in your name.
Hi Sheri,
Welcome to MortgageFit Forums.
Quit claim is possible in timeshare to get your name removed. But you can't transfer your liability of repaying the mortgage. Quit claim won't transfer the mortgage and you will still be responsible for the payments.
To transfer the mortgage, the mortgage needs to be refinanced in your boyfriend's name. Otherwise, if payments are not made the creditors can be behind you too.
It's best to consult an attorney for the purpose to guide you in a proper way.
God bless you.
For MortgageFit,
Samantha
Welcome to MortgageFit Forums.
Quit claim is possible in timeshare to get your name removed. But you can't transfer your liability of repaying the mortgage. Quit claim won't transfer the mortgage and you will still be responsible for the payments.
To transfer the mortgage, the mortgage needs to be refinanced in your boyfriend's name. Otherwise, if payments are not made the creditors can be behind you too.
It's best to consult an attorney for the purpose to guide you in a proper way.
God bless you.
For MortgageFit,
Samantha
