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A quitclaim deed in the state of Arkansas is a document that allows real estate to be transferred from one person to the next. This type of transfer is not suitable for a traditional property transfer. It does not guarantee a free and clear title, but only transfers ownership to prevent the previous owner(s) from coming back later and claiming any interest in the property.
Generally, this type of expeditious transfer is used when a property is being transferred between family members. For example, it may be used by a married couple to add a spouse's name to a property deed or to remove a spouse's name from a title after a divorce settlement. In other cases, it may be used to transfer title to a trust or limited liability company.
It is highly recommended that the buyer complete a title search on a property before using a quitclaim deed to ensure a good title, especially when purchasing from a stranger.
If you're looking to transfer property title in a way that will protect the buyer, you should consider using another type of deed, such as a general warranty deed or special warranty deed. If you have questions about the type of deed you should use to transfer property, seek legal advice.
Arkansas quitclaim deed laws are codified at Arkansas Code § 18-12-209.
Arkansas Statutes §14-15-404 dictates that all quitclaims, along with the adjoining fees, are to be submitted to the appropriate Circuit Court. As far as the signing of the document goes, the law dictates that a Grantor must sign the deed in front of a Notary Public and two witnesses who share no interest in the transaction (§ 18-12-104).
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To write an Arkansas quitclaim deed, you will need to provide the following information:
If you have questions about writing a quitclaim deed, you should seek legal advice.
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To file an Arkansas quitclaim deed form, you must first sign and notarize it as required by Arkansas law. Then, take it to the appropriate County Court and pay the filing fee to the recorder.
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