How to File a Quitclaim Deed

Quit claim deeds are used to convey property from one person to another or to an entity such as a trust, LLC or corporation. Quitclaim deeds are mostly used to transfer property when the “grantor,” the person releasing the property, and the “grantee” are familiar acquaintances. This is mostly because quitclaim deeds offer very little protection and guarantees to the person receiving the property and also why quitclaim deeds are seldom used in real estate sales transactions.

A deed is considered a legal instrument that conveys interest of a property. The deed itself is the conveyance of the property from one individual to another person or entity. To be specific there are several types of deeds such as general warranty deeds, special warranty deeds and quitclaim deeds. The big difference between these types of deeds is the amount of protection they offer the buyer.

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Quitclaim deeds offer very little protection to the buyer or grantee and this is why they are rarely used for real estate sales transactions. With a quit claim deed, the grantor makes no promises or guarantees that he outright owns the property, the grantor makes no claim that there are no other owners who may claim to own the property and the grantor makes no guarantee that the title of the property is clean and free of clouds.

To execute a quitclaim deed the grantor will have to first obtain a quit claim deed form specific to his state since transfer of real estate laws vary from state to state and county to county. You will need specific information about the property such as the lot or parcel number or if in a rural area, its exact location so there’s no question about the property in question.

Quitclaim deed forms are pretty simple and do not require any professional assistance to fill out and that’s why they are so attractive to many. If you’re unsure about filling out a quitclaim deed form, you can always have a real estate attorney take a quick look at it for you. In order for the property to be transferred, the grantor simply has to fill out the form, sign it and hand it over to the grantee. The property in question is
considered transferred once the grantee receives a signed quitclaim deed form.

The grantee may wish to record the deed by taking it to the local recorder’s office to record it into county records. Since quitclaim deeds offer so little protection to buyers in real estate sales, they are seldom used for that purpose. Rather quitclaim deeds are mostly used to transfer property between individuals who are familiar with each other or are related. For instance, quitclaim deeds are the perfect vehicle to add a new spouse to the
title of a property. Consequently, they are also the perfect vehicle to remove a spouse, after a divorce, from a title. Quitclaim deeds are also used extensively to transfer property into a trust or by parents to their children, whom they wish to inherit the property.

In any event, quitclaim deeds are extremely hard to reverse (the only way to reverse it is to have the grantee quitclaim it back to you) and you should only consider using one if you are thoroughly versed in all the ramifications of using a quitclaim deed.

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