How To Make a Quitclaim Deed

What Is a Quitclaim Deed?

A quitclaim deed is a legal document used to transfer interest in real estate from the current owner, known as the grantor, to another person, called the grantee, but without:

• Guaranteeing title is free from encumbrances.

• Verifying ownership rights.

• Providing warranties about the property’s condition.

Quitclaim deeds are different from other types of deeds, such as warranty deeds. Both are used in the transfer of property but offer different layers of protection. A warranty deed gives the person receiving the property security by guaranteeing there are no debts or legal claims against it and that the individual transferring it is the true owner. But a quitclaim deed doesn’t promise actual ownership of the property or that it’s a clear title of property free from issues. So why do people use quitclaim deeds? They are a quick and easy way to transfer property!

What Are Quitclaim Deeds Used For?

This deed is typically used for low-risk property transfers, often when passing property between family members or correcting title issues. Common situations to use quitclaim deeds include:

• When no money is involved in the exchange of the property (no sale of property)

• Adding a spouse to the property title after marriage

• Removing an ex-spouse from the title after divorce

• Updating a deed after a legal name change

• Transferring property between family members (like parents transferring property to their children for estate planning, to avoid probate, gifting purposes, or resolving ownership disputes between families)

Legal Requirements to Make a Quitclaim Deed

It’s very important to research and understand local and state requirements before preparing your quitclaim deed. Familiarize yourself with laws regarding:

Valid Property Transfers. Local governments set the rules for a quitclaim deed document to be legally valid, including proper formatting, required signatures, and whether notarization is necessary.

Tax Consequences. There may be different quitclaim deed transfer tax laws that affect property transfers you should know to help avoid potential tax liabilities or penalties.

Recording Requirements. To make a public transfer official, you must follow local rules about how quitclaim deeds are recorded with the appropriate government office, such as a county recorder or clerk, to ensure it legally confirms the new owner.

Potential Liens or Claims. To prevent legal issues in the future, understand local laws about resolving existing liens or claims on the property.

Property Rights. Specific requirements might apply to how quitclaim deeds affect property rights in community property states or states with specific inheritance laws.

How To Write Your Quitclaim Deed

Make you include specific information needed to make your quitclaim deed a legally sound document:

• Names of the Grantor and Grantee. Accurately write the full legal names of the grantor and grantee.

• Property Description. Provide the property address and other details that explain where it’s located, like lot numbers and boundaries found in the legal description of the property. You can usually find this information on a tax ticket, a deed, or in county records.

• County and State. State the county and state where the property is located to identify its exact location (there might be similar addresses in different districts).

• Contact Information for Receipt of Recorded Deed. You should provide the name and address of the person who should keep the recorded quitclaim deed so the recording office can return the original to the appropriate party.

Create Your Quitclaim Deed Using Our Free Template as a Guide

Some county clerk’s offices and other local agencies may offer their own quitclaim deed forms. You can also customize our quitclaim deed template to help you get started.

Use the Following Sample Quitclaim Deed Template as a Guide:

Finalizing Your Quitclaim Deed

Check to confirm all the information on the deed is accurate and correct any errors. Avoid mistakes that may result in legal issues or make your deed invalid under real estate transaction laws. Before finalizing your deed, double-check names and confirm the legal description is correct to avoid any confusion about who the property is being transferred to and the exact property that’s involved.

The grantor should review and sign the quitclaim deed in front of a notary public. Then file the quitclaim deed at the local county recorder’s office or other land records office where the property is located. This makes the deed an official public record and shows the new owner of the property. The process and recording fees for quitclaim deeds may be different depending on your jurisdiction. Make copies of the recorded deed for your personal records.

If you still have questions about how to prepare and file a quitclaim deed or want a lawyer to review your document, you can find a local real estate attorney using our FindLaw lawyer directory.

Disclaimer: The information presented here does not constitute legal advice or representation. It is general and educational in nature, may not reflect all recent legal developments, and may not apply to your unique facts and circumstances. Consider consulting with a qualified business attorney if you have legal questions.