Prior to that, real property was transferred primarily via a process that involved warrants, surveys, and land patents. The quitclaim gained popularity because of the inefficiency of the early land record systems.
If there were discrepancies in the chain of title because of lost, stolen, or inaccurate records they could be cleared up by requesting a potential interest holder "quit" their claim to the land. Why so many different names? While the most common popular name is "Quit Claim Deed" the actual, rarely used, name is "Quitclaim Deed. Nothing on this website should be considered a substitute for the advice of an attorney.
Quitclaim Deed Quitclaim Deeds can be complicated legal documents. Last updated: April 9, The quitclaim deed is a legal document deed used to transfer interest in real estate from one person or entity grantor to another grantee. Transfers between parents and children, between siblings, and between other closely related family members are easily done with this type of deed.
Adding Or Removing A Spouse From Title Whether resulting from a divorce or a marriage, a property owner can use a quitclaim to add a spouse to or remove a spouse from the title of the property. Owner Name Changes It is possible for an owner's name to change during the course of ownership. This is true for a natural person or any other entity that can legally own real property. While it is not required to change the information listed on title when an owner's name changes, it is a good idea to do so.
It is common to use a quitclaim deed to reflect name changes on title. There are many reasons for a name to change, marital status is the most common. Corporate transfers are usually done with this type of deed as it is a transfer between closely related entities.
Family planning that deals with property meant to carry on through generations often involves an initial transfer from a family member into a trust. Generally this means that there appears to be someone may or may not have an interest in a property that has not been accounted for and it is causing a break in the chain of title.
As opposed to a general warranty deed, a quit claim deed does not make any warranties as to whether there is a clear title or whether or not any encumbrances or other restrictions on the property exist. You'll get a secure personalized dashboard that stores all of your legal forms. Edit, download, and print your documents at any time from any device. Complete your Quit Claim Deed document in minutes with LegalNature's intuitive, step-by-step guidance. Quit Claim Deed Quit Claim Deed This type of deed is used to quickly transfer ownership of a property to another person, family or entity without warranties.
Also known as a "quitclaim deed", it is one of the quickest and cleanest ways to transfer property. Create a quit claim deed with our state-specific form in just minutes. Create Document. When to use a Quit Claim Deed Release property ownership rights or transfer to a trust. Update names or add your spouse to the property title. Description In-depth research of ownership, minerals, liens and easements in Texas and New Mexico.
Description Learn how we can help you get more value out of data. Posted by CourthouseDirect. Conduct a Free Online Search Thanks to the digitization of public records, there is now a much easier way to obtain a copy of a quitclaim deed.
By CourthouseDirect. Subscribe to our updates. Categories Courthouse Documents 75 CourthouseDirect. About CourthouseDirect. Contact Info. Site Map. Warranty deeds are always filed with the county after they are executed. A person who signs a quitclaim deed to transfer property they do not own results in no title at all being transferred since there is no actual ownership interest. The quitclaim deed only transfers the type of title you own.
Deed transfers of any kind impact only the ownership and do not change or affect any mortgage on the property. The mortgage is a separate document. Quitclaim deeds are most commonly used when property is transferred without a traditional sale. Examples include when property is transferred between family members such as parents transferring a home to their children , between married spouses after marriage when one spouse wants to add the other to the title of his or her separate property , between divorcing spouses when one spouse will keep the home , or when property is being transferred into a living trust.
The deed transfer is done simply and there is no title search or title insurance used. It is fast and easy. Quitclaim deeds are not used for real estate sales, because the new owner receives no guarantees about the title and how valid it is. A quitclaim deed is also used to clear up title to property, if there is an issue with someone else possibly having an ownership right in the property, he or she can be asked to sign a quitclaim to make sure the new owner has complete title.
To transfer title by quitclaim, a quitclaim deed form must be in writing to be valid. This legal document includes a legal description of the property that is being deeded, the county it is located in, date of transfer, and the names of the grantor person transferring the property and grantee person receiving the property. If a price has been paid for the transfer, that amount is included.
The grantor signs the document and this signature is generally notarized. Witnesses may be required depending on the state. In some states the grantee also signs the deed.
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