STEP 1
INFORMATION FOR DEED
Please provide the information needed to prepare your deed.
STEP 2
PAY ONLINE
We will email you an invoice for $195.
Pay securely online.
No account necessary.
STEP 3
RECEIVE YOUR DEED
Once payment is received, your deed will be emailed to you. Clear instructions on how to sign and record your deed will be included.
STEP 1
INFORMATION FOR DEED
Please provide the information needed to prepare your deed.
STEP 2
PAY ONLINE
We will email you an invoice for $195.
Pay securely online.
No account necessary.
STEP 3
RECEIVE YOUR DEED
Once payment is received, your deed will be emailed to you. Clear instructions on how to sign and record your deed will be included.
What is a quit claim deed (quick claim deed)
One of the simplest and easiest ways to legally transfer property ownership in most states is a quitclaim deed or, simply, quitclaim. This deed is often referred to as “quick claim deed”.
In layman’s terms, a quitclaim deed is used to show that the party signing the document does not make any claims to the property. He or she is “quit claiming” or relinquishing any interest in the property. This deed only transfers the rights of ownership that the seller may have at the time of the transaction.
When could you use quitclaim for deed transfer
In most cases, quitclaim is used for transactions between people who know each other and usually involves no exchange of money. For example, some common scenarios where you might use quitclaim deeds would be between siblings or from a parent to an adult child. Additionally, estate plans and living trusts may use quitclaim to transfer property ownership.
It is important to plan ahead and follow through in a timely manner with a transfer. Also, be sure to have the document publicly recorded.
Good to know: A verbal agreement to transfer property between family members is NOT an official transfer. Furthermore, it is not valid in the eyes of the law. Again, title is not transferred by a verbal agreement.
If you plan to transfer a house between family members, the time to transfer the property is before the loss of a loved one.
Other examples of Quit Claim Deed property transfers
Divorce is an example of when you might use a quitclaim. If one party acquires a home that was jointly owned in a divorce settlement, the other party may use a quitclaim to relinquish his or her interest in the property. The parties will thereby comply with the court’s decision or the parties’ agreement. A house title transfer should be completed at the time of the divorce to avoid complications later.
Additionally, when a property owner gets married or remarried, he or she may use a quitclaim to transfer an interest in the property to the new spouse.
Keep in mind: A quitclaim deed makes no warranties or guarantees concerning the title of the property. For this reason, it may hinder your resale in some states.
In some states, a quitclaim deed may, in fact, not be accepted as sufficient proof of title for many title companies. We recommend using a warranty deed in those states.
Depending on the state, processing a quitclaim alone may slow down or hinder the resale of the property. In some states, title companies may not insure a property title without a warranty or a guarantee that the property is free of any liens or encumbrances. Therefore, in select states, this type of property deed may be legally insufficient.
- Liens may be monetary claims to the property.
- Encumbrances may be easements, right of ways and long-term leases.
Good to know: Where a quitclaim is not sufficient, most states will require a warranty deed.
When possible, we recommend the use of warranty deeds rather than quit claim deeds. However, a quitclaim may be a stepping stone to a warranty deed.
A real estate specialist knows the intricacies of establishing the proper title to real property. They can help you proceed successfully.
Points about quitclaim deeds
- This deed may sometimes be used to remove obvious defects in property title without the expense of litigation.
- It conveys the owner’s total interest, if any, in the property but it contains no warranties regarding the title.
- Once title is cleared through use of a quitclaim, a general or special warranty deed may be used.
- In some states, title companies may not insure title obtained without either a general or special warranty deed. In such cases, quitclaim may be insufficient for property transactions.
- May be used to transfer property into a trust or an LLC in some states.
- This deed may be used if there is uncertainty whether a particular heir could claim title to the property.
- It is often used between people who know each other such as family members, spouses and ex-spouses.
- In some states, a quitclaim may be used by a party who has acquired property through adverse possession.
- Is sometimes used as part of business dissolution, wherein one member of the partnership transfers property to the other.
- Quitclaim deeds are often used by sellers when there may be a question about the standing of a particular title.
Quitclaim (quick claim) deed form
Using the appropriate deed for your unique situation is important in order to ensure your interests are protected. This may help avoid costly mistakes and difficult corrections in the future.
Good to know: A property deed transfer can often be an intricate process with subtle but important variables. It is not advisable to use a “do it yourself”, fill-in-the-blank quit claim deed form.
To recap, a quitclaim deed is used to show that the person signing the document is not making any claims to the property. The grantor is “quit claiming” or remising or releasing his or her interest in the property.
Note: The quitclaim is similar to a deed without warranty or a non-warranty deed as it offers no warranties or promises regarding the title.
Read about:
Lady Bird Deeds
Life Estate Deeds
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