Arizona Quitclaim Deed
Quitclaim Deed for Real Estate Located in Arizona
Quitclaim deeds are documents used to transfer the owner's interest (if any) in real property to someone else, with no warranties of title. 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 property, and include no warranties of title for the new owners. These deeds are also appropriate for situations like divorce, where the idea is simply removing one party's name from a deed, or relinquishing marital rights in real estate.
For Arizona quitclaim deeds under Section 33-402(1) to be valid, they must conform to specific statutory requirements set forth by 33-401, as well as other relevant state and local standards for recording.
The quitclaim deed must be in writing and contain a heading that identifies the nature of the document. Original forms are preferred. LEGIBLE certified copies are also acceptable, but all signatures must be original. The grantor or an authorized agent must sign the deed in front of an officer certified to take acknowledgments. If the deed marks a change in ownership of real property, provide the prior recording information, including date, docket and page of the earlier document, and a complete legal description of the land. Quitclaim deeds should also contain the names and addresses of all grantors and grantees named in the document, as well as a statement clarifying how the grantee wishes to hold title (vesting). Identify the type and amount of consideration exchanged for ownership of the property (usually money). (Ariz. Rev. Stat. 33-401, et al (2012))
Arizona follows a "notice" recording act. This means that any document conveying title to real property must be correctly recorded or the transaction is not complete (Ariz. Rev. Stat. 33-411). In addition, it is the transferor's (grantor) obligation to record the quitclaim deed within sixty days of the transfer or to accept responsibility to defend the transferee (grantee) in any future claims against the grantee's ownership of the land. (Ariz. Rev. Stat. 33-411.01).
(Arizona Quitclaim Deed Package includes form, guidelines, and completed example)