A quitclaim deed form is used to transfer the ownership of land or a home to another person. Quitclaim deeds are extremely fast compared to other methods of transferring property. However, they must contain the required information about the parties and the property. The information required may largely depend on the state where the property is located. You can create a printable quit claim deed online in minutes by clicking the green button above.
Table of Contents
What is a Quitclaim deed? Quitclaim Deed vs Warranty Deed What should you know about quitclaim deeds? Top Five Warnings about a Quitclaim Deed Filing a Quit Claim Deed A Sample Quit Claim Deed with Examples for Each Step FAQs about Quitclaims for Grantors & Grantees Legal Forms Related to a Quit Claim Deed
A quitclaim deed, also written as “quitclaim deed,” is used to transfer interest, ownership, or rights to the property from one party to another in an extremely expeditious manner. The person giving away their claim on the real estate is known as the grantor. The person receiving the property is called the grantee. This form is most often used to transfer property between family members.
This legal form prevents the grantor from coming back and claiming an interest in the property after the quitclaim deed is finalized. This protects the grantee. This can be important in certain cases of transfer, such as during a divorce.
A quitclaim deed requires specific information about both the grantor and the grantee; sometimes, depending on the state, the marital status of the parties must be listed, as well as the name of a spouse (even if the property is not held jointly). Information about the real estate property must be included. For the best protection, a quitclaim deed should be notarized and filed with the county clerk's office. However, every state has its requirements for a quitclaim deed. Make sure that the required elements are included for the state in which the property is located.
Note: Quit Claims are sometimes referred to as a “Quick Claim Deed” or “Quickclaims.” Although this is a misnomer, it is nonetheless not uncommon.
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Transferring property can be tricky. There are various documents involved and they can be a source of confusion and frustration. A quitclaim deed can be very helpful because it simplifies the process. Let’s begin with a straightforward explanation of exactly what a quitclaim deed is and its various purposes.
Remember the following:
A quitclaim deed is a document used to transfer over the ownership interest in a home or piece of property from the current owner to a new owner. The current owner is referred to as the Grantor and the new owner is referred to as the Grantee.
Quitclaim deeds must follow the laws in the state where the property is located for both writing and filing the document. Writing the document includes the purchase price, an accurate description of the property, and executing the document as required by state law. After that, the quitclaim deed must be placed on file with the proper county office. In many states, this office is referred to as the County Recorder’s Office.
There are four steps involved in the creation and filing of a quitclaim deed.
A quitclaim deed is used to transfer the ownership of property. The process does not require a real estate agent, unlike more traditional methods. However, the parties may wish to have the transaction and the quitclaim deed reviewed by a lawyer to ensure that it abides by the laws in the state. The transfer most often takes place because the parties agree on a price for the property.
County recorders need certain information to process quitclaim deeds. You’ll need:
It is important to note that some states require a quitclaim deed to include whether the Grantor or Grantee are single or married. Married individuals may be required to list the name of their spouse even if their spouse has no ownership interest in the property.
The deed also needs an accurate description of the property. Within the document, this is referred to as the legal description. The easiest way to get the legal description is to pull a previous deed on the property. This may be done through the County Recorder’s Office and sometimes through the tax assessor’s office. If you can locate the information, you should also include the tax map and lot or parcel ID.
Every state will have its requirements for executing a quitclaim deed. At its most basic level, it requires the date, printed name, and signature of both the Grantor and the Grantee. Most states require these signatures to be notarized. Some states also require witnesses.
Take the deed to the proper county office to have it recorded. Before you go, contact that office to find out the amount charged for the filing fee. Take that amount with your, or take your checkbook, so that you’re fully prepared to complete the process.
First, enter the information of the individual preparing the Quit Claim Deed. Provide the following information of the person requesting the recording:
Next, provide the information of the individual who the documents should be mailed to. This is typically the person who will be the Grantee or individual purchasing the property.
Provide the Tax Parcel Number for the property. This number can be obtained from the Assessor’s Office of the county where the property is located.
Provide the names and addresses of both the Grantor or individual selling the property by listing the following:
Next, provide the information of the Grantee, or individual receiving the property:
Finally, provide information about the property. This information should include:
Provide the amount of money given for valuable consideration. Provide the figure in dollars and cents.
For the Quit Claim Deed to be finalized, it must be signed by all parties, including two witnesses. Besides, the document must be notarized by a certified Notary Public. Provide the following information for all parties involved:
Provide the following information of both attesting witnesses:
Finally, have the document notarized by a Notary Public before filing it with the County Recorder.
To transfer ownership of real property between parties, a deed of some sort is required. However, there isn’t one standard form of deed in use in the U.S. There are two main types of deeds: warranty deeds and quitclaim deeds (which are sometimes referred to as quick claim deeds or deeds of release). The former implies certain guarantees by the grantor to the grantee that their title to the property is good; the latter is simply a transference of the grantor’s interest in the property to the grantee.
Warranty deeds, also known as general warranty deeds, are the most commonly used form of deed because they provide a level of legal protection that the quitclaim deed does not provide. In situations where a piece of property is being bought and sold by parties who are unrelated, a warranty deed is necessary to prove that the title is clear.
A simple quitclaim deed has no warranty. It simply states a transference of the grantor’s interest in the property at the time. The grantor does not guarantee a good title or any title at all. This makes the quitclaim deed a somewhat precarious document.
While there are elements that must be included that vary from state to state, the quitclaim deed template consists of the same general components and must specify the method of transfer. There will also be a habendum clause, a “have and to hold” clause, meaning the grant of land is final, and the transaction is complete.
The quitclaim deed must also include a deed execution date. This is the date that the deed is signed by the parties and witnesses which is also the date it becomes effective. You must also include information about the person who prepared the quitclaim deed. The quitclaim deed template, of course, omits any statement of the grantor’s warranties. When the deed is signed and dated, witnessed, notarized, and (in some states) sealed, it becomes a legal document.
A quitclaim deed details the terms of ownership the grantor has regarding the property in question. Those types of ownership include:
Here are some common scenarios and relationships where quitclaims are common:
A quitclaim deed does not guarantee a perfect title. It does, however, provide a written public record of the change in ownership in property from the grantor to the grantee. Once a quitclaim is filed with the County Clerk, any title search of the property will include your quit claim.
If you do not file a quitclaim with the County, it may be difficult or impossible for a grantee to prove property ownership or for a grantor to prove they no longer own said property.
Grantees should ensure that all property taxes are paid and that there are no back taxes before signing a quitclaim. Once the property is transferred to the grantee, they assume all property tax responsibilities. Tax bills will be mailed to the grantee's corresponding address listed on the deed after the quitclaim is filed.
While some states offer exemptions regarding real estate transfers that involve quitclaims, others impose real estate transfer taxes. Other taxes, including gift taxes and inheritance taxes, may also apply depending on your state. You should seek legal advice, specifically a tax lawyer or CPA to learn more about the tax obligations associated with your claim.
