Quitclaim Deed Form

A “quitclaim,” or more officially speaking, a quitclaim deal (also sometimes called a non-warranty deed) is a legal instrument in the form of an official document that subjects of law can use in case of transfers of property rights or ownership without any guarantees from the seller (or grantor) to the buyer (or grantee). Therefore, there can be legal challenges after the deal. In general, deals concluded with this instrument are far less protected than usual warranty deeds, yet they are much faster and easier.

When to use a quitclaim deed?

• First of all, because of the unsafe nature of the quitclaim deals, you have to use them only when you want to transfer property rights with your family or close friends. Especially if you are the buyer of a real estate object. Because if you actually know and trust a grantor, you would know about any possible problems with the title of the property. For example, most of the time, quitclaim deeds are concluded when parents transfer property rights to their children.
• Another good reason to use a quitclaim deed is when you have to correct some defect on the title. With this instrument, you can correct a wide spectrum of different mistakes, from spelling errors in the name of one of the titleholders to the complex legal issues, like who is the real owner of the property is. The quitclaim deed solves these issues by using the correct information in the title that, after the deed was done, should be notarized with city officials.
• Also, it would be a good idea to use a quitclaim deed in case if you need to add or remove a spouse from the title. Using the quitclaim deed, this process will pass very fast and easily; the procedure, in general, is very similar to the correction of the errors that we have described above.

How Does a Quitclaim Deed Work?

A quitclaim deed is an instrument that allows a quick transfer of ownership that works in not a complicated way. To successfully conclude it and to make it official, you have to consider only a few simple factors like the consideration (the price) names of the grantee and the grantor to the deed. After it is concluded, you have to register it with the city council. For the registration, you will have to ask the council for the “Deed Book and Page Numbers.”

Quitclaim Deed vs. Warranty Deed

Usually, when you have to conclude a deal in regard to real estate, lawyers would propose to you two main forms of the deal, quitclaim deed and warranty deed, so it is crucially important to understand the difference between those two legal instruments.

So, if quitclaim deeds are very simple and easy to conclude, yet offer little protection to the buyer in case of some legal dispute, warranty deeds, on the contrary, are pretty complicated to conclude and often require lawyers to have the job done. However, at the same time, they are much more secure.

The difference between those two types of deeds is based on several factors and features that a quitclaim does not contain, yet the warranty deed does. The most important feature of warranty deeds that makes them very distinct from the quitclaim deeds is the possibility to ensure you that the object of the estate that you want to buy does not come to you with any debts or burdens attached. Moreover, thanks to the fact that warranty deeds are longer, you can include proper descriptions of the property, including all necessary measurements.

And last but not least, the warranty deed prevents the situation when the grantor is selling an object despite the fact that he does have legal rights to do so.

What Should Be Included in a Quitclaim Deed?

As we have said before in our article, quitclaim deeds are really easy to conclude, however even in the case of a quitclaim deed, you have to include some compulsory points.

The main of them are the following:

• Names of buyer and seller
• Addresses of buyer and seller
• If the person who wrote the deed is not a seller or buyer, you have to write his or her name or address.
• Consideration (price)
• The reason for the transfer
• Property description
• The date of the deed.

Besides these points mentioned above, you also may include to your deed such things as easements that are used in case if the grantor wants to reserve for himself using some land that he is selling. Also, you can add mineral rights, which could be a good thing if, in years after you sell the property, oil or gold were found there. Another good feature to include in the deed can be a spousal acknowledgment, which can be used when you are buying a property from a spouse, and one of the spouses is not present during the conclusion of the deal.

Also, if you want to secure that in the future, you will not have any legal problems, this person can sign a spousal acknowledgment and, by this wave, all the possible interests in the property.

Also, if the taxpayer is not the owner of the property, it is necessary to include his name and mailing address in the form.

How to Transfer Ownership with a Quitclaim Deed?

The process of the transfer of the ownership while using a quitclaim deed is not complicated and can be covered in a few sentences. Let’s look at it from the point of view of a buyer. To accomplish a transfer of ownership, a buyer, first of all, has to negotiate with the owner of a property. During the negotiations, the main topic that you have to agree upon is obviously price. If you are buying only part of the ownership, there is no need to have a real estate agent because it would only make the process more costly. However, it is always a good idea to have a lawyer in negotiations.

The next step would be gathering the required information. The law of most states and cities in the country requires that you have to gather information on grantees and on grantors (names, addresses, phone numbers) and consideration. Also, during this step, you have to obtain “Deed Book and Page Numbers” in the city council.

The third step in your journey is to authorize the deed form after it was signed by the parties; this step is crucially important because it creates the public record of your ownership of the real estate. You can easily record a deed in your local record office. In addition, in the office, you will have to pay a filing fee, which is usually not that expensive but the exact fee varies depending on the state.

Also, before recording the deed, you have to check whether your state requires some additional forms or other documents that you or the seller have to bring to the office.