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A quitclaim deed in the state of Idaho is a legal document that conveys a property from a Grantor (the person selling the property) to the Grantee (the person purchasing or receiving the property). This deed is without any form of guarantee that the Grantor has the legal authority to sell or transfer the property or that the property has a clean title. Usually, this form of transfer is used in informal agreements such as those between family members or arrangements made during the process of a divorce. Regardless of the arrangement, it is always necessary to conduct a thorough title search on the property to ensure that it is free of encumbrances.
Suppose you instead want to transfer property in a way that protects the new owner from encumbrances. In that case, you should consider a different type of property deed, such as a general warranty deed or a special warranty deed. If you have a question about which type of deed to use, you should seek legal advice from a licensed Idaho attorney.
According to Idaho Law, a quitclaim document may not include the word “grant,” as it conveys that some guarantee has been made (Idaho Code § 55-612). Once the document has been signed by the Grantor in the presence of a Notary Public, it must be filed at the County Recorder’s Office in the appropriate jurisdiction (§ 55-805).
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To write an Idaho quitclaim deed form, you will need to provide the following information:
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Once the Idaho quitclaim deed has been signed and notarized, it should be filed with the Idaho County Clerk or Office of the Recorder where the property is located. You will also need to pay a filing fee. The filing fee may vary by county. Check with your county's clerk for exact filing requirements.
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