Real estate deeds list the names of the parties involved in the transfer of property ownership. Over time, the deeds are filed on record with the county recorder's office. When a title search is completed on the property, the most current deed recorded should list the owners of the property. Using a quitclaim deed, a name can be removed from the property's deed, or title, in the event of a death, divorce, or other situation.
Contact an attorney to prepare a quitclaim deed to suit your specific situation. The attorney will be able to ensure the deed meets state recording standards. If an attorney is not available, there are a number of online resources that provide templates for quitclaim deed formats.
Review the complete quitclaim deed for accuracy. Ensure that each name on the deed is spelled correctly. Also check the address of the property and the legal description. If an error in the legal description is made, it can cause problems for future transactions.
Sign the quitclaim deed in the presence of a notary public. In most states, only the grantor is required to sign the quitclaim deed. Some states, such as Georgia and South Carolina, require additional witnesses to sign the deed in addition to the notary public.
Submit the deed to the register of deeds in the appropriate county. The register, or clerk, will charge a recording fee based on the number of pages in the document. States such as Maryland and Massachusetts charge a flat rate for recording, regardless of the number of pages.
Obtain a certified copy of the deed from the register once it has been recorded. The original deed will be mailed to the grantee with the recording information stamped on it.
References
- Nolo: Deeds FAQ
- 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.