What is a Quit Claim Deed?
A Quitclaim Deed is a legal instrument used in real estate transactions to transfer ownership of a property from one party (the "grantor") to another party (the "grantee") without any warranties or guarantees regarding the title. This means that the grantor does not guarantee that they own the property free and clear, nor do they guarantee that there are no other claims or liens against it.
No Warranty: Unlike Warranty Deeds or Special Warranty Deeds, a Quitclaim Deed offers no warranties regarding the condition of the property's title. The grantor simply "quits" or relinquishes whatever interest they might have in the property, if any.
Use Cases: Quitclaim Deeds are commonly used in specific situations such as:
Transferring property between family members (e.g., parents to children, between siblings, or upon divorce).
Transferring property into or out of a trust.
Correcting the name on a deed, such as after a marriage or divorce.
Clearing up title issues.
Risk for Grantee: The lack of warranties makes the Quitclaim Deed riskier for the grantee compared to Warranty Deeds. The grantee might receive the property only to find out there are liens against it or other claims to ownership. As such, it's often used in situations where the parties know and trust each other rather than in arm's-length transactions.
Cost and Speed: Quitclaim Deeds are often quicker and less expensive than other types of deeds because they don't involve a title search or title insurance.
Recording: Like other deeds, a Quitclaim Deed should be properly executed, notarized, and recorded in the appropriate local government or county office to ensure its legality and enforceability.
Legal Language: The typical language found in a Quitclaim Deed is along the lines of "The grantor remises, releases, and quitclaims to the grantee all the grantor's rights in the described property."
If you're considering using or accepting a Quitclaim Deed, it's essential to consult with a real estate attorney to ensure you understand the implications fully. They can also help ensure the deed is drafted and executed correctly.