![]() The document is usually notarized, and in many states, the deed must be filled with the county clerk in the county where the property lies. This deed form does not suspend any mortgage obligation.Ī quitclaim deed is signed by the grantor but not always the guarantee, or person receiving the property. If any money is exchanged, that must also be noted on the quitclaim deed. A quitclaim deed is a legal document and requires a legal description of the property being deeded, the county in which the property is located, the date of property transfer, the name(s) of the person transferring the property (grantor), and the name(s)of the person in receipt of the property (grantee). In order to transfer property using a quitclaim deed, a quitclaim deed form must be in writing in order to be recognized. Transferring property through quitclaim deed fixing any errors on existing titles such as typos.transferring ownership of property from personal ownership to a living trust during an estate plan.transferring property in the event of divorcing spouses, where one ex-spouse is relinquishing their property ownership and the other ex-spouse will remain in the home.transferring property between married persons, as is the case when one party brings property into the marriage.transferring property interest between family members, such as a parent to a child. ![]() Any business partners or other parties involved should consult their own legal representation as well. Consult an attorney before making such a decision, and one well-versed in family law for any quitclaim deeds between family members. No title search or title insurance is needed during quitclaim deeds. Instead, quitclaim deeds are used when there is a property transfer outside of a real estate sale. The person signing the quitclaim deed is only transferring the rights they have in the property, and they are not making any promises about the property title." When should I use a quitclaim deed?īecause a quitclaim deed offers no protection for buyers, it should not be used during traditional real estate sales. "It is important to note that a quitclaim deed does not provide any warranties or guarantees about the title of the property. Jeb Smith, the founder of Parker Marker, a real estate firm, offers some advice on when to use a quitclaim deed. So if the seller has absolutely no ownership interest in the property, that's precisely what transfers in a quitclaim deed to any buyer. It merely states that the seller transfers any ownership interest to the buyer. The way a quitclaim deed works is that this type of transfer makes no seller guarantees. Much like the accidental misspelling of quitclaim as quick claim, a quitclaim deed document is a fast way to transfer real estate title from one owner to another. Unlike warranty deeds, quitclaim deeds offer zero buyer protection. A quitclaim deed is named as such because it means that the owner is leaving behind their claim on the property. ![]() The process through which owners quit the claim on their properties is called quitclaim deeds. In other words, if there were claims on the property before the seller's ownership, the seller makes no promises to the buyer during property transactions. ![]() Special warranty deeds differ from general warranty deeds because while a general warranty deed guarantees a real property is free and clear of any liens or claims, the special warranty deed only guarantees that no liens or debts occurred while the current seller owned the property and makes no guarantees about any title defects, particularly under the previous owner. Traditional sale transactions work best using general warranty deeds, and most typical real estate transactions involve a general warranty deed because it confirms the seller has the legal right to sell. Additionally, a general warranty deed says that there are no other legal claims on the property's title or debts that transfer with the property discovered during the probate process nor any outstanding liens. There are two types of warranty deeds, and it's important to be aware of the differences if you're transferring property ownership.Ī general warranty deed says that the seller owns the property and that it hasn't been sold to another party already. All three types of deeds confer property title. There are three different types of deeds: general warranty, special warranty, and quitclaim, which is also referred to as "quit claim deeds" or even the common mistake "quick claim," a nod to the expediency of the quitclaim deed. A deed is a legal document used to transfer ownership of real property from one party to another.
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