Fillable Form Quitclaim Deed

What is a Quitclaim Deed?

A Quitclaim Deed is a legal document used to transfer the ownership interest in a property from one party to another without stating the nature of the filing party’s interest or rights, and with no warranties of that person’s interest or rights in the property.

Unlike more comprehensive deeds, such asWarranty Deeds, a Quitclaim Deed does not make any guarantees or assurances about the status of the title. Instead, it conveys the current owner's (grantor's) interest in the property, whatever that may be, without specifying or ensuring the absence of liens, encumbrances, or other potential issues related to the title.

This type of deed is often employed in situations where there is a pre-existing level of trust between the parties involved, such as transfers between family members or business associates. For example, in cases of divorce, one spouse may use a quitclaim deed to relinquish their interest in a property to the other spouse. However, it's crucial for the recipient of a quitclaim deed to exercise caution, as this type of deed does not offer the same level of protection as a warranty deed. There is no guarantee that the title is free from any defects or that the grantor holds a clear and marketable title.

How do I fill out a Quitclaim Deed?

You can find a copy of a Quitclaim Deed template that you can fill out here. Make sure to have all the necessary documents ready for you to consult, to ensure that all information entered on the Quitclaim Deed is correct and updated.

Recording Requested By, And When Recorded Mail To

Enter the following details about the person requesting that this Quitclaim Deed be recorded, and to whom the record should be sent:

• Full legal name
• Street Address
• City and State

Leave the space next to this section for the Recorder to use.

Title Order Number

Enter the title order number assigned to this document.

Escrow Number

Enter the escrow number assigned to this document.

APN Number

Enter the APN number assigned to the property.

Documentary Transfer Tax

Enter the amount of documentary transfer tax the grantor is declaring, then check the boxes that apply from the following:

• Computed on the consideration or value of property conveyed.
• Computed on the consideration or value less liens or encumbrances remaining at time of sale.
• Unincorporated Area
• City of (Enter the city that the tax was calculated in the space provided).

Quitclaim Deed Proper

Name of Grantor

Enter the name of the Grantor (the person filing this Quitclaim Deed).

Name of Grantee

Enter the name of the Grantee (the person that the property is being transferred to).

City

Enter the city and county that the property being transferred is located in.

Property Name

Enter the name of the property being transferred, or a brief description of it.

Signatures

Have the Grantor or Grantors sign the form in the spaces provided, then enter their names and the date that the form was signed. If more space is required, use a Signature Page Addendum and attach it to this document.

Notarization/Other Validation

County

Enter the county that this document was notarized or otherwise validated.

Date

Enter the date that this document was brought before a notary or other officer to be validated.

Name and Title of Officer

Enter the name and relevant title of the notary or officer that validated this form.

Name(s) of Persons Appearing

Enter the name or names of the people that appeared before the notary or officer to sign the document and have it validated.

Notary Seal

If the notary has a seal, stamp it in the space provided.

Notary Signature

Have the notary sign the form in the space provided and enter their name.

Frequently Asked Questions (FAQs)

When is a Quitclaim Deed used?

Quitclaim Deeds are often used when a transfer of property is done in trust and without much, if any, monetary transaction involved, such as transfers between family members or divorcing spouses.

Can Quitclaim Deeds be used for all Real Estate Transactions?

Technically yes, but in practice, a Quitclaim Deed may not be appropriate for particular transactions, especially ones that require assurances about the quality of the title being transferred.

Does a Quitclaim Deed grant any protections to the Grantee?

Yes, but only the most basic ones relating to property safety, for the most part. Thus, it is best to conduct a title search in order to confirm the status of the title through a thorough title search.

Can I hire a lawyer or accountant to help me fill out this document?

Yes. In fact, in the case of a Quitclaim Deed, it is recommended that you get assistance in reviewing the title due to the lack of comprehensive protections in a Quitclaim Deed.

Can a quitclaim deed be used to clear up a title dispute?

Yes, but it does not guarantee a resolution of disputes. Legal advice may be needed to resolve the dispute.

Can a Quitclaim Deed be reversed?

Yes, but the process is difficult and can become even more taxing depending on various circumstances, so it is recommended to enlist the services of a legal and financial professional if reversing a Quitclaim Deed is necessary.

Do Quitclaim Deeds need to be notarized?

Not exactly, but having the identities of the persons filing the document verified is necessary, and notarization is the simplest way to accomplish that.

Are Quitclaim Deeds subject to tax?

Depending on the nature of the transaction and the jurisdiction that the title transfer occurs in, taxes may need to be paid for the transfer of property.

Can a Quitclaim Deed be used to add or remove someone from a property title?

Yes, though there are other documents and procedures that need to be followed as well. Legal advice is recommended when taking this course of action.

Do both parties need to agree to the Quitclaim Deed for it to be considered valid?

Generally, as the Grantor is the one transferring the title to another person, only the Grantor’s consent is required, but this may differ depending on the jurisdiction.

Is there a time limit for recording a Quitclaim Deed after it is executed?

Generally, no. However, while there may not be a strict time limit, recording promptly is advisable to protect the parties involved.

Can a Quitclaim Deed be used for properties with multiple owners?

Yes, it can be used, but it's crucial to clarify each owner's interest in the deed.

Does a Quitclaim Deed impact existing mortgages on the property?

No, it doesn't automatically remove mortgages, and lenders may need to be notified and may have consent requirements.

Can a Quitclaim Deed be used for posthumous property transfers in a will?

It can be used as part of estate planning, but probate processes may still apply.

What happens if a Quitclaim Deed is lost or misplaced after execution?

The involved parties may need to execute a new deed or take legal steps to address the situation.