What To Know If You Want To Use A Quitclaim Deed With Your Property

Are you considering a quitclaim deed? This could be a good idea since it can help you transfer ownership of your house fast and hassle-free. With a quitclaim deed, a property owner or seller (the “grantor”) transfers ownership and title quickly to another party or person (the “grantee”).

Quitclaim deeds, however, do not offer any guarantees or protections for the buyer—they only receive whatever the seller owns, which can be absolutely nothing.

What Elements do You Look for in a Quitclaim Deed?

Despite differences in quitclaim deeds by location, they all have the following elements:

• Title
• Execution date
• Grantor and grantee
• What the grantee gives to the grantor for rights
• Legal property description
• A notarized signature
• The habendum clause – explains the transfer of ownership rights

When Do You Need a Quitclaim Deed?

Family Property Transfers

One of the popular ways to transfer property between close family members is through quitclaim deeds since it involves no money, and both parties are trusted. For example, a quitclaim deed comes into play if your aging parents want to transfer their real estate to you or if your brother wants to divide up his share and give it to you.

A quitclaim deed is a legal document that can be used in this situation when the property is transferred to one family member from another. A quitclaim deed may also be used if an owner gets married and wants to include their spouse’s name on the title or deed or when the owners get divorced and remove one spouse’s name from the title.

Taking an Ex-Spouse off a Property Title

A grantor can remove their ex-spouse’s name from the property deed or title during a divorce. Ensure that the future owner (in this case, an ex-spouse) will not claim ownership. If you file a quitclaim deed, you will still be jointly liable for the mortgage with your ex-spouse. To remove an ex-spouse’s name from the mortgage, you’ll need to refinance.

Correcting a Title Defect

The title to a property may have a cloud on it — an unreleased lien, claim, or document that may invalidate the title. You can start a quitclaim deed in such a case, which will release your interest in the property, essentially clearing the title.

The title might have a cloud on it when a property is foreclosed or has probate issues. Over time, documents could be lost, which leads to questions about legal ownership. As the new owner, you can ensure that the title has been transferred entirely by getting the previous owner to sign a quitclaim deed.

You can transfer property, remove a grantor’s name, or fix a title issue with a quitclaim deed. After weighing your options and determining that it is worthwhile to do so, you should be sure to follow all steps when filling out and filing a deed. You should, however, reconsider if you are transferring property to someone you don’t trust – it could relieve you of future headaches.

When in doubt, we recommend speaking with a real estate lawyer or tax expert for more insight into your best course of action.