In the state of Arizona, a quitclaim deed is a legal document used to transfer property from one person to the next. This type of transfer is for expeditious property transfers. It is not always suitable for the traditional transaction, as a quitclaim deed offers no warranty that the property is free and clear of any encumbrances. Furthermore, a quitclaim deed only transfers an owner’s rights to a property, preventing him or her from claiming an interest in the property at a later date. Common uses of a quitclaim deed include transferring property between family members, to a living trust, converting community property to separate property, or in the case of divorce.
If you are looking for a document to transfer property with warranties that protect the buyer, you should instead consider a general warranty deed or special warranty deed. If you have questions about which type of deed you need for your real estate transaction, you should seek legal advice.
Arizona’s Laws direct how a quitclaim deed should be worded (Arizona Revised Statutes § 33-402). According to Arizona Law (§11-468), these documents are to be filed with a local County Recorder's Office covering the area where the property is located. As far as the signing of the document, a notary must witness the Grantor’s signature before it is filed with the County Recorder (§ 33-401).
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To write an Arizona quitclaim deed form, you will need to provide the following information:
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Once the quitclaim deed has been completed, it must be signed by the parties in front of a notary public. The new owner will then have 60 days to file the deed with the recorder in the county in which the property is located.
The new owner must also complete an Affidavit of Property Value and file it with the deed. (§ 11-1134). If the property was transferred without payment, an affidavit is not required.
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