Generate A Quitclaim Deed with LegalZone
Generate A Quitclaim Deed with LegalZone
What Is a Quitclaim Deed?
A quitclaim deed is used to transfer property to someone efficiently. While a quitclaim deed transfers the property ownership on name, it doesn’t provide a warranty that the title is clear. But it does assess that the grantor has the legal right to transfer the property.
Typically, people use quitclaim deeds to pass property to family members or add/remove spouses after marriage/divorce.
What Does a Quitclaim Deed Mean?
Using a quitclaim deed allows a guarantor to pass property to the guarantee “as is.” It’s regarded as one of the cleanest ways to transfer property but typically is only used by parties who trust each other or don’t care about title insurance.
Why Would Someone Use a Quitclaim Deed?
You should use a quitclaim deed to transfer property without a traditional sale process. It saves the grantor and grantees from title searches and title insurance and can be completed quickly.
Within minutes, you can draft your quitclaim deed with a LegalZone’s template. Or you can have an attorney the lead tol help get you what you need.
We can help you figure out what needs to be included and where the signed document needs to be sent.
When Should You Use a Quitclaim Deed?
It’s a good idea to use a quitclaim deed over a general warranty or special warranty deed when:
- You want to transfer property without warranties
- You want to gift your property to someone
- You want to add someone’s name to the title
- You want to remove someone’s name from the title
- You want to transfer the property to a trust
- You need to update the names on the property title
- You need to resolve an issue on the property title
Does a Quitclaim Deed Give You Ownership?
Yes, if you are the grantee of a quitclaim deed, it immediately transfers ownership from the grantor to you.
However, if you are accepting a quitclaim deed from someone you don’t know, it’s a good rule of thumb to run a title search on the property. If the deed turns out to be fraudulent or the grantor doesn’t actually have ownership of the property, you won’t be able to sue them with a quitclaim deed because it doesn’t come with a warranty.
Can You Quitclaim Deed a House with a Mortgage?
Yes, but the deed only affects the ownership, not the mortgage. The grantor still retains responsibility for mortgage payments.
It’s more common to quitclaim houses that are already paid off, but If the grantor still owes money on the property, then they can continue to pay the mortgage or transfer the mortgage into the grantee’s name as well.
What Is Included in a Quitclaim Deed?
- Number and Names of Grantors and Grantees: property can be passed from one person to another, or from two people to another two people, from business owner to a group of business owners, and any variation in between. It’s essential to clarify how many grantors and grantees there are and list their names correctly.
- Classification of Grantor(s) and Grantee(s): outline whether it’s a personal or business transaction. If it’s a personal transaction, state whether the grantors/grantees are married, single, or trustees.
- Grantee Ownership Type: state whether the grantee will assume sole ownership or co-ownership.
- Grantee’s Property Interest: if you choose co-ownership, then you’ll have to specify if the joint ownership will follow tenancy in common, joint tenancy, tenancy by the entirety, community property, or partnership
Once the document is signed, you’ll register it with the appropriate local office. More often than not, this will be the County Recorder’s Office or County Clerk’s Office.
Create a Quitclaim Deed with LegalZone
Quitclaim deeds may be considered the easiest property transfer deeds, but it’s essential to check all the boxes. At LegalZone you can make your quitclaim deed is drafted correctly per your local ordinances, notarized if necessary, and submitted to the right place.
If you have questions about generating your quitclaim deed, our LegalZone customer success specialists are ready to help you.
If you’re ready to begin drafting your quitclaim deed, you can use our affordable, accessible platform to get everything taken care of.
Start Your Quitclaim Deed