A quitclaim deed is a legal transfer of real estate ownership, usually between family members, explains Nolo. A quitclaim deed records the names of the parties, the owner or the grantor and the receiver or grantee, gives a legal description of the property being deeded and is signed by the current owner of the property. A quitclaim deed removes any interest in the property that an owner may have.Continue Reading
A quitclaim deed must be notarized or signed in front of a notary who stamps it, according to Nolo. Some states also require witnesses or the grantee to sign. In all states, the deed is recorded in the land office in the county where the property is located.
Divorcing couples frequently use quitclaim deeds when one of them retains the family home. The quitclaim deed, however, does not remove legal responsibility for a mortgage on the property, according to Nolo. Lawyers.com explains that a parent can use a quitclaim deed to transfer property to a child to keep the property out of probate court, for example. There can be serious tax or other financial consequences for the grantor who signs a quitclaim if the property is sold before he dies. Quitclaim deeds are also extremely difficult to reverse, notes Lawyers.com. If the grantor ever wants ownership back and the grantee does not agree, then the grantor must prove lies, coercion or threats were used to get him to sign.Learn more about Law
In Michigan, a quitclaim deed is used to transfer the grantor's interest in real property. The quitclaim deed can be useful for transferring property expediently without the verification of liens, warranties and ownership.Full Answer >
A quitclaim deed is handled slightly differently from state to state, reports Realtor.com, but in general it needs to include three basic things: the legal description of what is being transferred, date of the transfer and the names of the grantor and grantee.Full Answer >
A quitclaim deed form is required in order to add someone's name to a current deed, according to SFGate. Filing the legal form cancels and replaces the old deed with a new one that includes both previous and new names.Full Answer >
A letter to transfer the ownership of a house must be written in the form of a quitclaim deed, a grant deed or a warranty deed, according to LegalZoom. For all three documents, the basic information must include the names of the old and new owners, a description of the property and the signature of the old owner, according to Nolo.Full Answer >