Now it varies state to state and county to county but here are some typical requirements for a quitclaim deed:
- Grantor’s name and address (the one transferring the property)
- Grantee’s name and address (the one receiving the property)
- Grantor’s signature (grantee’s signature not needed)
- The signature of two witnesses
- Plus, the signature and appropriate seal of a notary public or other officer authorized to take acknowledgments or proof of the identity of the grantor.
Full Answer
Who is the grantee on a quitclaim deed?
A quitclaim deed is a legal document that transfers any interest that a grantor has in the title of real estate to a grantee. In layman’s terms, the grantor is the one who is transferring the property. The grantee is the new recipient. A quitclaim deed does not guarantee that one has an interest in the property.
How does a quitclaim deed protect a property?
You're buying the least amount of protection of any deed. Also called a non-warranty deed, a quitclaim deed conveys whatever interest the grantor currently has in the property if any. The grantor only "remises, releases, and quitclaims" their interest in the property to the grantee.
Does a Quit Claim Deed have to include the address?
While you should also include the address, the full legal description of the property can eliminate any future confusion. You'll need a copy of the existing deed on the property, and you'll want to copy the property description exactly as it appears on that document in your quitclaim deed form.
Can a quitclaim deed be used to change a name?
It is common to use a quitclaim deed to reflect name changes on title. There are many reasons for a name to change, marital status is the most common. With holding of real property in the protection of LLC's and Corporations becoming more common, quitclaims are generally used to transfer ownership to those entities.
How do I fill out a quit claim deed in Colorado?
To write a Colorado quitclaim deed, you will need to provide the following information:Name and address of the preparer.Name and address of the party that will receive tax notices.Amount of consideration given for the property.Grantor's (person selling or gifting the property) name, marital status, and address.More items...
How do I fill out a quit claim deed in Washington state?
In Washington, the requirements for a Quitclaim deed are simple: it must be in writing, contain a legal description of the property, be signed by the grantor, and the grantor's signature must be notarized.
How do you fill out a quit claim deed in Tennessee?
To write a Tennessee quit claim deed form, you will need to provide the following information:Preparer's name and address.Full name and mailing address of the person to whom the recorded deed should be sent.County where the real property is located.The consideration paid for the property.Grantor's name and address.More items...
How do I fill out a quit claim deed in Georgia?
To complete a quitclaim deed in Georgia, complete the following steps:Step 1: Download the GA quitclaim deed form. ... Step 2: Fill out the form. ... Step 3: Write the delivery address. ... Step 4: Write the preparer's contact information. ... Step 5: Get the necessary signatures. ... Step 6: Pay the deed transfer tax.More items...
How much does it cost to do a quitclaim deed in Washington state?
After you have completed the forms, signed them, had them notarized, the documents must be taken/sent to the County Recorder/Assessor in which the property is located. At the time of writing of these instructions the fee to file a Quitclaim Deed in most counties is between $200 and $350.
Why would someone do a quit claim deed?
A quitclaim deed is also used to clear up title to property, if there is an issue with someone else possibly having an ownership right in the property, he or she can be asked to sign a quitclaim to make sure the new owner has complete title.
Who can prepare a deed in Tennessee?
The documents can be prepared by anyone as long as the required information is written in the deed as outlined in § 66-5-103. Once the forms have been prepared, along with the Legal Description of the property, it may be signed with two (2) witnesses or a notary public.
How do you add a name to a deed in Tennessee?
Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. When executed and notarized, the quitclaim deed legally overrides the current deed to your home. By filing the quitclaim deed, you can add someone to the title of your home, in effect transferring a share of ownership.
Does Tennessee have a transfer on death deed?
Tennessee law does not recognize transfer-on-death (TOD) deeds. In states that authorize them, TOD deeds allow real estate to automatically transfer to a named beneficiary upon the current owner's death. The advantage of TOD deeds is that they do not limit the owner's property rights during life.
How much does it cost to file a quit claim deed in Georgia?
Moving ForwardType of DocumentPrior Fee Structure*New FeeDeed of Transfer (e.g., Limited Warranty Deed, Quitclaim Deed)$10.00 for the first page, $2.00 for each add'l page$25.00Security Instrument or Modification of Security Instrument (e.g., Security Deed, ALR)$10.00 for the first page, $2.00 for each add'l page$25.006 more rows•Jun 11, 2019
How do you transfer ownership of a house in Georgia?
Here are the steps to completing a deed transfer in Georgia:Names the Current Owner and New Owner.Contains a Description of the Property.Signed by Current Owner.Two Witnesses: Unofficial Witness & Notary Public.Complete a PT-61, Transfer Tax Form.Record Deed in County Real Estate Records.
Where do I file a quit claim deed in Georgia?
The completed quitclaim deed form must be submitted to the Georgia Clerk of County, where the property is located. Since each county has its own requirements, there may be additional steps depending on your specific circumstances. Contact the County Clerk or a local lawyer to discover more.
How do you transfer ownership of a home in Washington State?
In Washington, real property must be transferred by deed. RCW 64.04. 010. The basic requirements for a Washington deed are that it must (1) be in writing, (2) be signed by grantor, (3) be acknowledged (i.e., notarized), and (4) contain a complete legal description of the property.
Does a spouse have the right to property after signing a quit claim deed in Washington state?
Property and debts acquired during a marriage are joint property in California. This means that each spouse has equal rights and responsibilities in the marital home and any mortgage that's secured by it. When a spouse signs a quit claim deed, he gives up all rights to the property.
Does Washington state have a transfer on death deed?
The Washington transfer-on-death deed form allows property to be automatically transferred to a new owner when the current owner dies, without the need to go through probate. It also gives the current owner retained control over the property, including the right to change his or her mind about the transfer.
How do I get the deed to my house in Washington state?
How do I get a copy of my deed? You can request a copy of a recorded deed from the Recording Division by phone, in person or by mail. Please visit our Search Recorded Documents page for more information.
What is a Quitclaim Deed?
A quitclaim deed is a type of legal document that transfers real estate or land ownership from one individual to another. They are commonly referred to as “quick claim” deeds because of the fast nature of the transactions.
Other Commonly Asked Questions About Quitclaim Deeds
Quitclaim deeds are a relatively common tool within Estate Planning, as they facilitate a quick property transfer. Keep reading to learn the answers to other commonly asked questions about quitclaim deeds.
Quitclaim Deeds & Estate Planning - Get Started Today
Quitclaim deeds can be a useful tool in Estate Planning for a number of reasons. Not only do these documents allow properties to avoid the probate process, but they can also be used to supplement the asset in a Trust.
What is a quitclaim deed?
If you are selling your home now, you may not remember that you signed and received a deed when you purchased your property, such as a warranty deed or quitclaim deed (sometimes called a quick claim deed).
Where to record quit claim deed?
Not all states require you to record a quitclaim deed, but it’s wise to have the deed signed by the grantor and grantee and notarized in front of a notary public, then copied and recorded at the county recorder or county clerk’s office.
What is the legal document that transfers ownership of a property?
The legal document that transfers ownership of the property can be a warranty deed or a quitclaim deed. Warranty de ed: Used in most real estate sales transactions, this deed says that the grantor (previous owner) is the owner of the property and has the right to transfer the property to you (the grantee).
Does a quit claim deed affect the mortgage?
It is important to recognize that a quitclaim deed impacts only the ownership of the house and the name on the property deed or title, not the mortgage. For instance, in the case of a divorce, if both ex-spouses’ names are on the home mortgage loan, they are both still responsible for the mortgage payments, even if a quitclaim deed has been filed.
Can a quit claim deed be used for a trust?
Some families or parties opt to put their real property into a family trust, and a quitclaim deed can be used then as well.
Can you use a quit claim deed to transfer a home?
For instance, it might make sense to use a quitclaim deed if you are a parent who wants to transfer a home to your children, or if you recently got married, when one spouse wants to add the other to the title of his or her separate property.
What is a quitclaim deed?
A quitclaim deed is a fast way to transfer property to a buyer. But you should know that, u nlike general or special warranty deeds, the quitclaim includes no protections for the buyer.Types of Deeds. There are three types of real estate deeds: General warranty deed. Special warranty deed. Quitclaim deed.
How are quitclaim deeds used today?
How Quitclaim Deeds are Used Today. Of course, the quitclaim has importance beyond elementary school history lessons. Today, the quitclaim can be used to remove apparent defects in title without the time and expense of litigation. Once the title is unquestionably established through quitclaim, a general or special warranty deed can be used ...
How does a quitclaim deed differ from a general warranty deed?
In sharp contrast to these warranty deeds, a quitclaim deed contains no warranties of title at all. The quitclaim deed only operates to convey to the seller's interest in the property to the buyer. This means that if a seller owns a building, he can give a quitclaim deed to ...
Why is a quitclaim not a breach of covenant?
Because a quitclaim only operates to convey a legal interest in the property, a quitclaim given out by a person who does not actually own the property named in the deed will not be liable for any damages at law. There are no breached covenants because no covenants were created .
What is a general warranty deed?
General and special warranty deeds are used to warrant the good state of the title. These types of deeds will contain covenants that so warrant, protecting the new title-holder from lawful claims of superior title and agreeing to compensate him for any loss incurred by a successful third-party challenge of superior title.
Why was the quitclaim important?
The California Gold Rush is probably the best example of a historical period in which the quitclaim was an essential factor in shaping the economy and social hierarchy of the day.
Can a seller give a quitclaim deed to a buyer?
This means that if a seller owns a building, he can give a quitclaim deed to the buyer and the seller's entire interest has been transferred. Of course, the fine points addressed by general and special warranty deeds are not addressed in a quitclaim deed situation, making the quitclaim a precarious and often difficult instrument by which ...
What is a quit claim deed?
A quitclaim deed is a relatively simple and easy way to transfer any and all interest you may have in a piece of real property to someone else. Unlike a warranty deed, there aren't any extensive (and potentially expensive) searches of property records, and in most cases you can complete the whole process yourself without having to hire an attorney. ...
When to transfer quitclaim deed?
While typically if you're filling out a quitclaim deed you want the transfer to take place immediately upon execution of the document , you also can date it so that the transfer doesn't occur until a later date, or even at the occurrence of a specified event.
How to transfer interest in a property to someone else?
A quitclaim deed is a relatively simple and easy way to transfer interest you may have in a property to someone else. Check your state court’s website to find your quitclaim form. To fill in the form, you’ll need to know the legal description of the property and its tax status, which you can get from the county recorder’s office.
How to transfer a deed to someone else?
To fill out a quitclaim deed, all you need is information about the property and the person to whom you're transferring your interest, which you typically can use to fill in the blanks on a pre-printed form available from your county recorder.
What is symbolic consideration in a quit claim deed?
However, in many states the quitclaim deed still includes a recital wherein at least one dollar must be exchanged to transfer real property. In legal terms, this is called symbolic consideration or nominal consideration.
How to get the legal description of a property?
The easiest way to get the correct legal description for the property you want to transfer is to go to the county recorder's office in the county where the property is located and get the existing deed for the property.
What happens if you don't include a legal description in a deed?
Keep in mind that if you don't include a legal description, the deed could be challenged by someone else with an interest in the property, which could result in a judge rejecting the transfer.
Why do you need a quitclaim deed?
Quitclaim deeds are most often for transferring property between family members or to cure a defect on the title, such as a misspelling of a name. Although they are relatively common and most real estate agents have experience dealing with them, they are generally used in transactions where the parties know each other and are therefore more likely to accept the risks associated with the lack of buyer protection. They may also be used when a property transfers ownership without being sold, that is when no money is involved.
Why are quitclaim deeds not used?
Because quitclaim deeds expose the grantee to certain risks, they are most often used between family members and where there is no exchange of money. Due to this, quitclaim deeds typically are not used in situations where the property involved has an outstanding mortgage.
What is the difference between a quitclaim deed and a general warranty deed?
Deeds are also categorized based on the type of title warranty provided by the grantor . General warranty deeds provide the highest level of buyer protection, while quitclaim deeds typically provide the least.
What is a deed of property?
A property deed is a written and signed legal instrument that is used to transfer ownership of real property from a previous owner (the grantor) to a new owner (the grantee). Broadly, deeds are either official or private.
What is the legal instrument used to transfer property from a previous owner to a new owner?
Of course today, title to real property is conveyed by a deed. A property deed is a written and signed legal instrument that is used to transfer ownership of real property from a previous owner (the grantor) to a new owner (the grantee). Deeds can be classified in numerous ways.
What is a deed in real estate?
A property deed is a written and signed legal instrument that is used to transfer ownership of real property from a previous owner (the grantor) to a new owner (the grantee).
How is a title transferred?
The transfer of an owner’s title is made by deed. Certain essential elements must be contained in the deed for it to be legally operative. Different deeds provide various levels of protection to the grantee, and the form of the deed determines the obligations of a grantor.
Common Uses
- Transfers Between Family Members
- Adding Or Removing A Spouse From Title
- Owner Name Changes
- Transferring Legal Ownership To An LLC Or Corporation
Creating A Quitclaim
- Preparing the document
- Signatures
- Delivery and acceptance
- Recording
A Note About Title Insurance and Mortgages
- Quitclaiming can have an impact on the continuance of title insurance.
- Executing a deed can also create issues with your mortgage such as triggering a due on sale clause.
- Check with your title insurance provider or lender prior to executing a deed to see if there will …
Fraud and Abuse
- Unfortunately, there has been an increase in real estate fraud in recent years and many cases involve a quitclaim. Theft by forgery is the most common fraud committed.
- If you are purchasing real estate, especially from someone you do not know, and they offer to transfer the property to you using a quitclaim you should seek the advice of a legal professional or at...
- Unfortunately, there has been an increase in real estate fraud in recent years and many cases involve a quitclaim. Theft by forgery is the most common fraud committed.
- If you are purchasing real estate, especially from someone you do not know, and they offer to transfer the property to you using a quitclaim you should seek the advice of a legal professional or at...
- If you own real estate and are asked to sign a quitclaim, know that you are giving your real estate to someone else and you will not likely be able to get it back. This is common in a "save your ho...
- Fraud is not a new issue, in 1880 a Michigan court (Peters v Cartiera) said this of quitclaims: Under the cloak of quitclaim deeds schemers and speculators close their eyes to honest and …
Form Requirements
- Each state has its own statutory requirements for quitclaim deed forms.
- These requirements determine the content or text that is in the deed.
- Quitclaim forms must meet statutory conditions for content and format.
- In addition, many local recording authorities add requirements for margins, paper size, property identification, and many other details.
History
- Quit claims were not common in the United States until the mid-1800s when property ownership started to mature after the revolutionary war. (Fig2.) Prior to that, real property was transferred primarily via a process that involved warrants, surveys, and land patents. The quitclaim gained popularity because of the inefficiency of the early land record systems. If there were discrepanci…