When should I use a quit claim deed?

Due to the nature of a quit claim deed, it tends to be used for specific purposes when the transfer of title needs to be done quickly. Quit claim deeds are generally not used for normal sales of real estate between unknown parties. They are most often used for the following activities: Transferring a property into a trust Removing a spouse from a title during the divorce procedure Adding a spouse to a title after marriage Transferring property within a family; for example, from parent to child

Does a quit claim deed need to be registered?

Yes. Your quit claim deed would likely need to be filed with your County Clerk’s or Recorder’s Office. The quit claim deed will become a matter of public record and will be viewed by anyone who performs and title search.

Does a quit claim deed remove my liability for debt?

No. A quit claim deed only transfers the names on the title. If there are any mortgages or liens associated with the property, then you will still be liable and the terms of your contract with these creditors will remain in force.

Can I reverse a quit claim deed?

Generally speaking, no. Once a quit claim deed has been completed and filed with the County Clerk’s Office, the title will officially pass from the grantor to the grantee. That said, one way you may be able to reverse a quit claim deed is to go to court and prove that the grantor was forced to sign the document under duress.

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Q: What is a quit claim deed?

A quit claim deed is a common deed used to transfer property from one person (the grantor) to another (the grantee). A quit claim deed is specifically used to immediately transfer real property, while not making any warranties regarding the property's title. This means that the grantor is not guaranteeing that the title is clear and that they have the legal right to transfer the property.

What is a Quit Claim Deed?

A quit claim deed form is used by the owner of real estate to quickly transfer ownership of the property to another person or entity. It is one of the quickest and cleanest ways to transfer property.

What is a Quit Claim Deed most commonly used for

This deed is most frequently used to transfer property between family members, to a trust, or to other trusted parties. A quit claim deed may also be used to transfer property in divorce settlements and other transfers that require simplicity and speed.

What are the differences between a quit claim deed and a general warranty deed?

Quit Claim Deed - does not make any warranties as to whether there is a clear title or whether or not any encumbrances or other restrictions on the property exist.

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General Warranty Deed - unlike quit claim deeds, general warranty deeds guarantee that the seller has clear title and the right to sell the property.

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Create a quit claim deed in your state

How to create a quit claim deed

1. Find the Property's Legal Description

You should be able to obtain the legal description of your property from the County Register or Recorder (often online). The legal description of your property may also be found on your land title, tax assessment information, or in your mortgage agreement.
2. Decide on a Price

In order for a contract to be enforceable, each party must give something of value. If the buyer (i.e. the grantee) is receiving a property for free, the deed will say that the seller (i.e. the grantor) received $1.00. In contract law, this is known as giving "nominal consideration."
3. Sign Your Quit Claim Deed

In most states, your quit claim deed will be considered effective and executed once it has been both signed by the grantor and also delivered to, and accepted by, the grantee.
4. File Your Quit Claim Deed

Although it's not always required, filing your quit claim deed is highly recommended. By recording your completed deed as soon as possible, you gain legal protection from potential adverse claims by other parties.

Understanding Quit Claim Deeds: Key Points

Roles

Grantor: Current property owner transferring title
Grantee: Person or entity receiving the property

Types of Ownership

Tenancy in Common: Owners have separate, potentially unequal shares that can be sold independently.
Joint Tenancy: Equal ownership shares with right of survivorship; all owners must agree to property sale.
Tenancy by the Entirety: For married couples only; similar to joint tenancy with additional protections.
Trust: Transfers the legal title of the property to a trustee, who manages it for the benefit of designated beneficiaries.
Community Property: For married couples in certain states; each spouse is presumed to own half of the property.
Partnership: For businesses sharing ownership, similar to tenancy in common.

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Why choose LegalNature to create your quit claim deed?

No matter what type of deed you need, LegalNature's intuitive questionnaire makes it easy to give your agent the exact level of decision-making authority you want. Our quit claim deed form gives you complete flexibility in tailoring the document to your specific needs.

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What is a Quit Claim Deed?

What is a Quit Claim Deed most commonly used for

What are the differences between a quit claim deed and a general warranty deed?

Create a quit claim deed in your state

How to create a quit claim deed

1. Find the Property's Legal Description

2. Decide on a Price

3. Sign Your Quit Claim Deed

4. File Your Quit Claim Deed

Understanding Quit Claim Deeds: Key Points

Roles

Types of Ownership

Why choose LegalNature to create your quit claim deed?

Create your quit claim deed in minutes

Start Your Quit Claim Deed