Quitclaim deeds are of great use when you need to quickly transfer or make a change on your property title. Create your own free form with guided instructions online now.
Last Update September 21st, 2021
What Is a Quitclaim Deed
A quitclaim deed (also written as quit claim deed) is an essential legal document that can be used to transfer or amend a title on a real estate property. These forms are sometimes known as non-warranty deeds as they provide no guarantees that the current owner (also known as a grantor) possesses full rights to the property when it is transferred to its new owner (or the grantee).
Because property laws vary in each state, every jurisdiction has its own legislation on how these deeds may be used. It is therefore crucial that your document meets your local statutory rules in order to be effective.
What Is the Purpose of a Quitclaim Deed
Despite offering no guarantees on ownership rights, quitclaim deeds are practical for a number of purposes. They can reduce the time and paperwork necessary if you need to release ownership of a property to someone you trust or to make corrections to the title of the real estate.
When to Use a Quitclaim Deed
There are many situations where a quitclaim deed can prove useful for real estate owners looking to make changes to their property’s title. Below we’ve detailed some of the most important reasons you should consider using a quitclaim deed.
Transfer Property Between Family Members
One of the most common reasons to use a quitclaim deed is to transfer property between members of the same family. This allows you to easily transfer your ownership rights to your children, a sibling, or another close member of your family if necessary.
Add or Remove a Spouse from the Title
Quitclaim deeds can be utilized to add or remove names on a property’s title. This can make them a very effective tool to use following a marriage or divorce to update the information on the title. This can be very important if homestead rights exist in your state and you require the consent of your spouse to sell or transfer the property.
Correct a Title Defect
If there is a defect in your title a quitclaim deed can be used to correct it. This is useful to save time and costly fees on the legal processes necessary to update and adjust the recorded data on your property.
Change the Owner Name on a Title
If the owner’s name changes for any reason a quitclaim deed can be used to make the adjustments on it. This might be due to personal circumstances or (if the property is owned by a business or LLC) to make sure it is up to date with the current name of the entity that owns the property.
Transfer Ownership to a Trust
A quitclaim deed is highly practical for estate planning purposes and it can be used to transfer ownership into a trust for tax or personal reasons. This is useful for both corporate owners of properties and those planning to pass on their assets to their heirs.
How to Fill Out a Quitclaim Deed
It is easy to fill out a quitclaim deed online from home. Using our online contract builder all you need to do is enter your information as instructed for your state and it will be entered into the appropriate template. This can then be downloaded and printed ready for signing.
How to File a Quitclaim Deed
Once a quitclaim deed has been completed and signed, it must be filed so the property title can be officially updated and changed. To do this you will need to visit your local recording office or county clerk.
When you visit the office you must bring the quitclaim deed and a blank check to pay the filing fee. Once this process is complete the grantee(s) named on the deed will become the new official owner of the property.
Quitclaim Deed vs Warranty Deed
The big difference between quitclaim deeds and most other deeds is that they provide no official guarantees that the grantor holds the title. Warranty deeds on the other hand do provide these assurances.
Warranty deeds are more commonly used for conventional real estate sales between strangers due to the protections they offer from fraud. However, this comes with additional legal processes and complications attached.
Additionally, it is important to remember that many other types of ownership transfer documents such as grant deeds, bargain and sale deeds, and lady bird deeds either provide or can be designed to provide no warranties.
|Quitclaim Deed||General Warranty Deed|
|Warranties Provided||None||Against all defects|
|Used For:||Exchanging a property for little to no money or adjusting the title.||When a property is sold for its market value.|
|Coverage Period||N/A||The property’s entire history.|
How to Write a Quitclaim Deed
Fortunately, when writing a quitclaim deed it isn’t necessary to create the whole document from scratch. It is possible to use an online template or a form template acquired from your county recording office.
Alternatively, the documents can be drawn up by a lawyer. This however isn’t usually necessary and could end up costing more time and money than it saves.
Quitclaim Deed FAQs
It is vital to understand the information and requirements of quitclaim deeds before creating one yourself and putting it into action. Read through our FAQs below to learn more about how these deeds work.
Is It Possible to Revoke or Cancel a Quitclaim Deed?
It is essential to be sure that you wish to complete your property transfer before filling in and signing a quitclaim deed. This is because there is no way to nullify the agreement unilaterally once it is signed.
To regain your rights to the property it will be necessary to talk to the grantee and use a new quitclaim deed. The transfer must be done subject to agreement with the grantee as the new document will need to be notarized and (if your state requires it) witnessed.
Do You Need a Lawyer for a Quitclaim Deed?
No, it is not necessary to call upon a lawyer to complete a quitclaim deed. The process of drafting and completing this form can be done totally online using our contract maker or using a standard template.
It is possible to use a lawyer to complete this kind of deed. However, this often proves more costly and time-consuming than simply writing the form yourself.
Where to Get a Quitclaim Deed
It is possible to find quitclaim deed forms online or at your local county recording office. Once you have the relevant template document you can easily fill in the necessary information at home yourself.
Do You Need a Notary for a Quitclaim Deed?
Yes, it is vital to use a notary when signing your quitclaim deed. Most states have strict rules on how property transfers must be carried out, to avoid fraud and to ensure all parties understand the agreement they are signing.
Therefore you will need to visit a notary public and (depending on your state) may need to have the signing witnessed by disinterested parties too.