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Quit Claim Deed

A quit claim deed is a legal document used to transfer interest in real estate from one person or entity (grantor) to another (grantee). Unlike other real estate deeds, it conveys only the interest the grantor has at the time of the deed's execution and does not guarantee that the grantor actually owns the property or has good title.

Without warranties, it offers the grantee little or no recourse against the seller if a problem with the title arises in the future. This lack of protection makes a quitclaim deed unsuitable when purchasing real estate from an unknown party. It is, however, a useful instrument when conveying property from one family member or spouse to another, and it is commonly used in divorce proceedings or for estate planning purposes.

Title companies may require a quitclaim deed in order to clear up what they consider to be a cloud on the title prior to issuing title insurance. Similarly, prior to funding a loan, lenders may ask someone who is not going to be on a loan, such as a spouse, to complete and record a deed quitclaiming their interest.  
 

Common Uses For Quit Claim Deeds:

  • Real Estate Transfers Between Family Members. Quit claim deeds are often used to transfer property to and from family members. Transfers between parents and children, between siblings, and between other closely related family members are easily done with this type of deed.
  • Adding Or Removing A Spouse From Title. Whether resulting from a divorce or a marriage, a real estate owner can use a quit claim deed to add a spouse to or remove a spouse from the title of the property.
  • Transferring Real Estate To An LLC Or Corporation. With holding of real estate in the protection of LLC's and Corporations becoming more common, so are quit claim deeds. Corporate transfers are usually done with this type of deed as it is generally a transfer between closely related entities.
  • Transferring Real Estate To A Trust. As with corporate transfers of real estate, transfers to a Trust are equally common. Family planning that deals with property meant to carry on through generations often involves an initial transfer from a family member into a trust.
  • Removing A Cloud On Title For Title Insurance. In the process of insuring title to real estate title companies may find a "cloud" in the title. Generally this means that there appears to be someone may or may not have an interest in a property that has not been accounted for and it is causing a break in the chain of title. It is common for the company insuring the title to require the person in question to quit claim their interest in the property prior to issuing the title insurance.
 

Creating a Quitclaim:

  • Preparing the document.
    • You can create the document from scratch
    • A fill in the blank type form can be used
    • An attorney can be hired to prepare the document for you
  • Signatures.
    • Almost every quitclaim deed will need to have the grantor sign
    • Some states require the grantee to sign
    • A few states require witnesses
    • In most cases the grantor's signature will need to be notarized
  • Delivery and acceptance.
    • In order for the quitclaim to be valid it will need to be delivered to AND accepted by the grantee. There is very little in the way of guidelines as to what constitutes delivery and acceptance. It is a good idea for the grantor to get something in writing from the grantee stating that they have received and accepted the quitclaim document.
    • Once the completed quit claim deed has been signed by all required signers, delivered to and accepted by the grantee, it is considered executed.
  • Recording.
    • The final step in the quitclaim process is generally the recording of the executed document by the grantee.
    • It is not always required for the document to be recorded in order to be valid however it is almost always required in order for the document to be binding on third parties.
    • The recording of the document is done at the recorder's office where the property is located.
 

Elements of a Quit Claim Deed Form

While each County has specific formatting requirements for the recording of documents there are main elements that are common to all real estate deeds.

  • Title. The title of a legal document tells the world what type of document it is. In this case the title is "Quit Claim Deed"
  • Executed Date. This is the date that the legal document was completed, signed, and executed.
  • Grantor. This is the person or persons that is transferring their rights to the real estate to someone else. The term "person" can refer to a natural person, an LLC, a Partnership, a Corporation, a Trust or Trustee, or any other entity that can legally own real estate.
  • Grantee. This is the person that is receiving the rights to the real estate that are being transferred. Again here, the term "person" refers to any entity that can legally own real estate.
  • Habendum. This is the meat of the deed, the legal speak which actually transfers the rights to the property. Generally it is a phrase similar to: "...does hereby remise, release and quitclaim unto the said Grantee forever, all the right, title, interest and claim which the said Grantor has in and to the following described parcel of land, and improvements and appurtenances thereto..."
  • Consideration. This is what the Grantee gives to the Grantor in return for the rights to the property. While in some cases a deed may be enforceable without consideration it certainly muddies the water. It's a good idea to check with a tax accountant before transferring real estate with a "no consideration" or "gift" deed as there may be tax issues.
  • Legal Description. Here is where the description of the property being transferred is listed. The format of the legal description varies from state to state. The types of legal descriptions are: metes and bounds, rectangular survey, and lot and block. The "lot and block" legal description is the most common however it depends on your state. A typical lot and block description looks like: "QCD SUBDIVISION, 2ND AMD, LOT 112 BLOCK 3".
  • Signatures. Most states require only the Grantor to sign the deed and for it to be delivered to the Grantee for it to be valid. Grantor's signatures usually must be notarized and in some rare cases separate witnesses must also witness the Grantor signing.
  • Prepared By. This section lets the world know who prepared the quit claim deed. Generally this is the Grantor or an attorney.
 
 
Related Quit Claim Deed Information:

Quit Claim Deeds and Continuation of Title Insurance
The following is a guest post by Matthew A. Quick, Esq., an attorney licensed in the state of Illinois. Title insurance coverage is dictated by the terms of the policy issued by the title insurance company. In most, if not all, policies for title insurance there is a provision for “Continuation...

Kentucky Quit Claim Deed Information
In Kentucky a quitclaim deed is defined as follows: A deed of conveyance operating by way of release; that is, intended to pass any title, interest, or claim which the grantor may have in the premises, but not professing that such title is valid, nor containing any warranty or covenants for title...

Quitclaim Deeds after Divorce or Dissolution
Quitclaim deeds convey the current owner’s rights in real property, if any, to new owners. The transfer may or may not include consideration (something of value, usually money). They are generally used to clear clouded titles, to settle boundary disputes between neighbors, or to make gifts of real...

Using a Quitclaim Deed To Remove A Spouse From Real Estate Title When Getting A New Loan Or Refinancing
It is not uncommon in today’s climate for one spouse to have a better credit score than the other. Credit ratings can make a big difference with financing, especially when it comes to purchasing real estate. Oftentimes, lenders will suggest that the spouse with better credit apply and qualify for ...

Adding a Person to a Deed Using a Quitclaim Deed
One of the most common incorrect assumptions in real estate is that someone can be added to a deed. If one person owns a piece of real estate and wants to bring on another owner, this means that the current owner would give up their interest in the property to themselves and the other person. Both p...

Wyoming State Statute Regarding the Form and Effect of Quit Claim Deeds
34-2-105. Form of quit claim deed; effect generally. Every deed in substance in the form prescribed in the foregoing section [34-2-104], when otherwise duly executed, shall be deemed and held a sufficient conveyance, release and quit claim to the grantee, his heirs and assigns, in fee of all the t...

How the Term Quit Claim Effects a Real Estate Deed According to West Virginia State Statutes.
West Virginia state statute outlines how the use of the term quit claim effects a deed. 36-3-7. Effect of words of release in a deed. Whenever, in any deed, there shall be used the words "The said grantor releases to the said grantee all his claims upon the said lands," or words of like import,...

Misdemeanor in Tennessee to quit claim a Property if you Have no Legal or Equitable Interest
Tennessee statute makes it a misdemeanor for the grantor to execute a quit claim deed if the grantor knows that they have no legal or equitable interest in the property being transferred. There are a lot of circumstances where this could be a problem. Many times quit claims are used to clear up a pe...

Using a Quit Claim Deed in Missouri to Create a Joint Estate
Missouri state statute outlines the process of conveying real property to create a joint estate using a quit claim deed. Conveyance to self and others to create joint estate. 442.025. 1. Any person or persons owning real estate, or any interest therein, which he or they have power to convey, may...

What is a Quick Claim Deed Form?
A quitclaim deed is often incorrectly referred to as a Quick Claim Deed. The confusion comes from the fact that quit and quick sound so much alike and that the quit claim is generally thought of as being a very quick process. This type of real estate deed, the form, is used to transfer real prope...

Quitclaim Deeds and Divorce
Quitclaim deeds are often used in divorce, as well as in cases of familial transactions. The quitclaim deed does not offer the grantee (the person who is gaining interest in real property) any warranty as to the status of the property title. The grantee is entitled to whatever interest the grantor a...

How to Use Quit Claim Deed Wisely in a Divorce
The divorce is a most heart rendering and difficult time for both the husband and wife and it brings with a whole lot of complications when the relation has to split. The situation is the same whether they have lived for a long period of time or even for a shorter span. Along with the emotional and ...

Quit Claim Deed - An Unrecorded Quit Claim Deed Can Still Be Valid
An unrecorded quit claim deed is still valid. While there is no time limit on recording a deed or recording required for a quit claim deed to be valid, a deed should be recorded as promptly after the transaction as possible. Failure to record a deed could render transfer or mortgaging of the proper...

Quitclaim Deed and Divorce Proceedings – Disadvantages Involved
Every divorce procedure entails the involvement of a massive amount of paperwork and if it concerns property and its division, then there is another paper which needs to be included – the quitclaim deed. This deed is a type of real estate deed in which one party to the property, technically known ...

Common Uses Of A Quitclaim Deed During Divorce
Use of quitclaim deed during a divorce is very common - if a married couple who jointly own a property are in the process of divorce one spouse can quit any interest in such a property by granting full rights of possession to the receiving spouse. If a wife is to keep the matrimonial home as part of...

When is my Quit Claim Deed considered Recorded?
When a Quit Claim Deed is Deemed Recorded Generally, a Quit Claim Deed is recorded when it is duly acknowledged or verified and deposited in the recorder’s office with the proper officer and marked “filed for record.” It is the duty of the recorder to number the instrument in the order in...

What is the difference between a quit claim deed, and a warranty deed?
Both a Quit Claim Deed and a Warranty Deed are legal documents used to transfer property rights. A quit claim deed transfers only the interest in a piece of real estate that the grantee (generally the seller) happens to have. A person could give someone a quit claim deed to the Brooklyn Bridge...

Can Title To Real Estate Be Transferred To An LLC With A Quit Claim Deed
Yes. A Limited Liability Company (LLC) is a business entity that can own real estate. A quit claim deed can be used to transfer the title, and effectively the ownership of real property into the name of the LLC. As with any real estate transfer be sure to check with local taxing authorities so that...

Types Of Real Estate Ownership, Or Vesting, When Executing A Quit Claim Deed To Transfer Title
Definitions and meaning of different kinds of ownership when filling in a Quit Claim Deed. As a property or homeowner, your Quit Claim Deed can define the form of ownership or “Vesting” and how the title for the property changes upon the death of an owner. The following is NOT legal advice, s...

How to Fill in your Quit Claim Deed:
There are certain requirements and some can vary state to state, but those can be found by calling Your County Clerk’s Office. The Contact Information is in the Specific County of this Site! You will need the full names of the Grantor (person(s) selling or giving the property away) Grantee (pe...

How A Quit Claim Deed Can Clear A Cloud On Title
When a Title Company checks a title to insure it is legitimate and unencumbered occasionally a Cloud will show up. A cloud is any sort of unreleased Lien, Claim, or encumbrance. It could be a previous deed that was not correctly signed or written. It could be a anything that implies doubt in the c...

Reasons For Recording A Quit Claim Deed
In Most States a Quit Claim Deed is still binding even if it has not been recorded. There are many reasons that make it prudent to record. When a Quit Claim Deed is recorded it transfers title to property. This is made available to the general public through the Registry of Deeds Office. If you d...

 
Official Quit Claim Deed Forms
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