Quitclaim deeds are one of the types of deeds that convey interest in property from one person to another. A quitclaim deed does not guarantee that the person granting the title away has any interest in the property. It removes any cloud on title that may exist from the person who is granting off. It is commonly used in cases where there is a question as to the actual ownership of the person granting off title.
Choosing the Correct Deed
There are several types of deeds used to convey title: grant deeds, interspousal transfer deeds and quitclaim deeds. All can be used to convey title but some are more specific as to the legal ramifications. Grant deeds are used to transfer title from one individual to another and imply an inherent interest on behalf of the person granting title away. This means that the person has an identifiable interest in the property and is transferring that interest out of his name. An interspousal, transfer deed is used to transfer title between a husband and wife. A quitclaim deed transfers an interest that may exist on a property without any implied warranties.
What a Quitclaim Deed Must Contain
A quitclaim deed must contain specific verbiage to transfer title from one person to another. It must state the full name of the grantor, who is transferring title away, and also the full name and vesting of the person who is receiving the interest. The vesting is the manner in which the person who is receiving title wishes to hold title. For example: "John Smith a married man as sole and separate property." A quitclaim deed must also use the word quitclaim to specify the transfer. For example: "John Smith hereby quitclaims to John Doe." The quitclaim deed must also show the legal description of the property being transferred.
How a Quitclaim Deed Becomes Enforceable
A quitclaim deed must be signed in front of a notary public, and it also must be recorded at the county recorder in the county where the property is located to be enforceable. If a quitclaim deed is not recorded, it does not publicly convey the transfer, and if another transfer deed is recorded on the same property, the deed recorded first would take precedent.
Quitclaim deeds should be reviewed by legal counsel prior to signing. Once recorded, the transfer takes effect immediately. Quitclaim deeds, like any other deeds that convey title, also must be accurate and free of misspellings and there can be no blank lines or corrective fluid or tape used on the document that might signify an alteration to its original form.
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