When a party signs a quitclaim deed he transfers his real estate rights to a new owner named on the deed. The grantor of a quitclaim deed does not guarantee the new owner he has free and clear title to property. The new owner may wish to protect his interests by researching the real estate title for liens and mortgages before he accepts a quitclaim deed.
Gather required information to complete the deed, such as the names and addresses for the grantors and grantees, or new owners. Obtain the property's address, legal description, and tax identification number, which are available from the register of deeds office for the county in which the property is located.
Complete all spaces on the deed by typing or handwriting required information in blue or black ink. Provide information such as who drafted the deed, to whom it should be returned after recording, and the transfer taxes due. State how the new owners are holding title. For example, John Smith and Mary Jones, tenants in common, or John Smith and Mary Jones, joint tenants.
Have the deed signed by all grantors in blue or black ink. Check and follow applicable state law for notary and witness requirements. Record the original deed with the register of deeds for the county in which the property is located. Pay all recording fees and transfer taxes due at the time of filing. Keep the paid receipt as proof of recording while you wait for the deed to be returned in the mail.
Generally, local title companies and office supply stores offer deeds that comply with individual state law.
Specific questions about quitclaim deeds should be directed to an attorney.
You may draft your own deed if you are one of the grantors of property, but drafting a deed for a third party may be considered the practice of law and may require the services a licensed attorney.
- Harvey Ruvin Clerk of the Courts for Miami-Dade County, Florida: County Recorder's Code Types Requirements for Deed & Quit Claim Deed
- The Free Dictionary by Farlex: Quit Claim Deed
- Sacremento County Library Public Library: Completing and Recording Deeds
- Lorain County Recorder: Requirements: Deeds and Mortgages
- HG.org. "Contracts 101—Warranty vs Quitclaim Deeds." Accessed Aug. 12, 2020.
- Realtor.com. "When Do You Need to Get a Quitclaim Deed?' Accessed Aug. 12, 2020.
- DivorceNet. "Interspousal Transfers Versus Quit Claim Deeds." Accessed Aug. 12, 2020.
- California State Board of Equalization. "Property Ownership and Deed Recording," Page 7. Accessed Aug. 13, 2020.
- Specific questions about quitclaim deeds should be directed to an attorney.
- You may draft your own deed if you are one of the grantors of property, but drafting a deed for a third party may be considered the practice of law and may require the services a licensed attorney.
Maggie Lourdes is a full-time attorney in southeast Michigan. She teaches law at Cleary University in Ann Arbor and online for National University in San Diego. Her writing has been featured in "Realtor Magazine," the N.Y. State Bar's "Health Law Journal," "Oakland County Legal News," "Michigan Probate & Estate Planning Journal," "Eye Spy Magazine" and "Surplus Today" magazine.