Quit Claim Deed Form

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A quit claim deed is a form used to transfer the ownership of land or a home to another person. Quit claim deeds are extremely fast compared to other methods of transferring property. However, it is important that they contain the required information about the parties and the property. The information required may largely depend on the state where the property is located.

What is a Quitclaim deed?

A quitclaim deed, also written as “quit claim deed,” is related to real estate. It is used to transfer interest, ownership, or rights to property from one party to another in an extremely expeditious manner. The person giving away their claim on the real estate is known as the grantor. The person receiving the property is called the grantee. This form is most often used to transfer property between family members.

This legal form prevents the grantor from coming back and claiming an interest in the property after the quit claim deed is finalized. This protects the grantee. This can be important in certain cases of transfer, such as during a divorce.

A quitclaim deed requires specific information about both the grantor and the grantee; sometimes, depending on the state, the marital status of the parties must be listed, as well as the name of a spouse (even if the property is not held jointly). Information about the real estate property must be included. For the best protection, a quit claim deed should be notarized and filed with the county clerk's office. However, every state has its own requirements for a quitclaim deed. Make sure that the required elements are included for the state in which the property is located.

Note: Quit Claims are sometimes referred to a “Quick Claims” or “Quickclaims.” Although this is a misnomer, it is nonetheless not uncommon.

Quitclaim Deed vs Warranty Deed

  • A quitclaim deed is a fast way to provide ownership interest to the grantee, but it does not provide a warranty of any kind on the property. 
  • A warranty deed transfers ownership of the property while also providing a guarantee that there is no lien or other financial claim associated with the property; and that if one is found, the grantor will do everything necessary to clear it up. 
  • A quitclaim deed only transfers ownership interest, not actual ownership. That’s why it is used only in certain situations where a mortgage is non-existent. 
  • A warranty deed transfers actual ownership of the property. 
  • A quitclaim deed can be used to clear up minor issues on the existing chain of title, such as the misspelling of a name. 
  • A quitclaim deed is often used to transfer the ownership interest of property from a person to a trust. 
  • A warranty deed would be used during the purchase of property by a trust.

Quitclaim Deed vs. Quick Claim Deed

A quitclaim and quick claim deed are the same document with different names. They serve the same purpose: the grantor quits their ownership claim to the interest in the property and a grantee quickly claims it from the grantor!

What should you know about quitclaim deeds?

Transferring property can be tricky. There are various documents involved and they can be a source of confusion and frustration. A quitclaim deed can be very helpful because it simplifies the process. Let’s begin with a straightforward explanation of exactly what a quitclaim deed is and its various purposes.

  1. A quitclaim deed certifies that the grantor "quits" or relinquishes any right or "claim" to the specified property. Moreover, it certifies that the property will be transferred to the grantee—something that most deeds do.
    • It must be understood that this document may not be suitable for all people in all situations. It does not guarantee that the grantor has any ownership interest in the property. The only thing it attests is that if the grantor does have any ownership interest in the property, they agree to relinquish it and transfer it to the grantee—nothing more, nothing less.
  2. As you may have determined, there is a measure of risk involved in a quit claim deed, as the grantee has no real guarantee that the grantor owned the property free and clear of any liens, debts, disputes, or other ownership issues.
    • If you are going to be the grantee, you'd better be sure that the grantor did, in fact, own the property outright and that ownership was free and clear of liens, debts, disputes, or other issues that could threaten your new claim to the property. While a quit claim deed has its drawbacks, it at least prevents the possibility that the grantor will claim ownership of the property later on. Quit claim deeds are most often used in these types of situations.

If you're interested in preparing a quit claim deed or just want a better comprehension of what one looks like, you can search for a quit claim deed relevant to your state online. However, if you choose to use a free quit claim deed, make sure that it's of the highest quality; you may need to consult with an attorney to confirm this. After downloading the best free quit claim deed you can find, read its terms carefully and have it signed in the presence of a notary by the grantor and the grantee.

Remember the following:

  • Depending on the state the property is located in, that the grantor and the grantee may need to list their marital status and the name of their spouse (if they’re married) even if the spouse doesn’t have a legal interest in the property.
  • One or two witnesses may be required to sign the form in the presence of a notary. Afterward, check with the local county clerk's office to find out if you need to file the document with them.

The process may sound daunting, but don't let any of this information overwhelm you. Quit claim deeds are relatively simple and straightforward compared to many other types of legal documents. It may be the easiest way for family members to transfer a home and/or land as a gift, or for individuals to transfer property when trust is not a concern. If there is no exchange of money involved in the property transfer or if there are no questions about free and clear ownership, this type of deed may be exactly what you're looking for. The important thing is to be aware of the risks involved, read the document from beginning to end, and only sign your name on the line if you understand everything you need to know about the quit claim deed and the property you are receiving.

Top Five Warnings about a Quitclaim Deed

  • Quitclaim deeds do not provide any warranties. A quitclaim deed is known as a non-warranty deed. That is, the use of a quitclaim deed does not provide the grantee with any sort of warranty or guarantee that the property is without any kind of financial claim or lien against it. In fact, quitclaim deeds expressly state that the grantor does not provide any sort of express or implied warranty related to the property or its title. 
  • Quitclaim deeds work best for only very specific situations. A quitclaim deed should not be used in every situation where real estate is transferred. Generally, it is best used for situations including clearing up a cloudy title, transferring ownership interest between family members, and resolving a property line dispute. It is not a deed that should be used to buy property from someone you don’t personally know. 
  • Quitclaim deeds are only as good as the title on the property. If the title on the property is cloudy, the quitclaim deed will be defective. A cloudy title means that there is an issue with property ownership in some manner. One of the main reasons is a dispute related to the ownership of the property.
  • Quitclaim deeds do not transfer legal ownership. Quitclaim deeds transfer ownership interest. Ownership isn’t a guarantee. It is a document that essentially states the grantor is giving up their claim of interest. Hence the name, quitclaim deed. 
  • Quitclaim deeds change the names on the deed, not the names associated with an outstanding mortgage. If the property has or will be affected by a mortgage, a quitclaim deed is not the proper deed to effect the change in ownership. While a quitclaim deed can be used to change the names on the deed, it has no effect on an existing mortgage. Generally, someone transferring ownership of a mortgaged property must have the property refinanced into their name.

Filing a Quit Claim Deed

A quit claim deed is a document used to transfer over the ownership interest in a home or piece of property from the current owner to a new owner. The current owner is referred to as the Grantor and the new owner is referred to as the Grantee. Quit claim deeds must follow the laws in the state where the property is located for both writing and filing the document. Writing the document includes the purchase price, an accurate description of the property, and executing the document as required by state law. After that, the quit claim deed must be placed on file with the proper county office. In many states, this office is referred to as the County Recorder’s Office.

There are four steps involved in the creation and filing of a quit claim deed.

Step 1: Negotiating the Sale or Transfer

A quit claim deed is used to transfer the ownership of property. The process does not require a real estate agent unlike more traditional methods. However, the parties may wish to have the transaction and the quit claim deed reviewed by a lawyer to ensure that it abides by the laws in the state. The transfer most often takes place because the parties agree on a price for the property.

Step 2: Have the Required Information to Complete the Quit Claim Deed

It’s much easier to complete a quit claim deed if you have all of the information you need ahead of time. County recorders will need certain information to process it. You’ll need the name of the person who prepares the quit claim deed, the address where the deed should be returned after it is placed on file with the county, the Grantor’s full legal name and mailing address, the Grantee’s full legal name and mailing address, and the purchase price (referred to as consideration). It is important to note that some states require a quit claim deed to include whether the Grantor or Grantee are single or married. Married individuals may be required to list the name of their spouse even if their spouse has no ownership interest in the property.

The deed also needs an accurate description of the property. Within the document, this is referred to as the legal description. The easiest way to get the legal description is to pull a previous deed on the property. This may be done through the County Recorder’s Office and sometimes through the tax assessor’s office. If you can locate the information, you should also include the tax map and lot or parcel ID.

Step 3: Executing the Quit Claim Deed

Every state will have its own requirements for executing a quit claim deed. At its most basic level, it requires the date, printed name, and signature of both the Grantor and the Grantee. Most states require these signatures to be notarized. Some states also require witnesses.

Step 4: Record the Deed

Take the deed to the proper county office to have it recorded. Before you go, contact that office to find out the amount charged for the filing fee. Take that amount with your, or take your checkbook, so that you’re fully prepared to complete the process.

A Step-by-Step Process of Writing a Quit Claim Deed

Step 1 - Individuals Involved:

First, enter the information of the individual preparing the Quit Claim Deed. Provide the following information of the person requesting the recording:

  • Full Name
  • Full Address (including city, state, and zip code)

Next, provide the information of the individual who the documents should be mailed to. This is typically the person who will be the Grantee or individual purchasing the property.

  • Full Name
  • Full Address (including city, state, and zip code)

Step 2 - Parcel Identification Number:

Provide the Tax Parcel Number for the property. This number can be obtained from the Assessor’s Office of the county where the property is located.

Step 3 - Grantor and Grantee Information:

Provide the names and addresses of both the Grantor or individual selling the property by listing the following:

  • Grantor’s Full Name
  • Grantor’s Gender
  • Grantor’s Full Address

Next, provide the information of the Grantee, or individual receiving the property:

  • Grantee’s Full Name
  • Grantee’s Current Address

Finally, provide information about the property. This information should include:

  • Full Address of the Property
  • Legal Description

Step 4 - Valuable Consideration:

Provide the amount of money given for valuable consideration. Provide the figure in dollars and cents.

Step 5 - Signatures:

In order for the Quit Claim Deed to be finalized, it must be signed by all parties, including two witnesses. In addition, the document must be notarized by a certified Notary Public. Provide the following information for all parties involved:

  • Grantor’s Printed Name and Signature
    • Including Full Address
  • Grantee’s Printed Name and Signature
    • Including Full Address

Provide the following information of both attesting witnesses:

  • Witness’ Typed Name and Signature

Finally, have the document notarized by a Notary Public before filing it with the County Recorder.

Download a PDF or Word Template

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Sample Quit Claim Deed

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