A quitclaim deed is a document of legal conveyance for the transfer of one person's interest in a property to another person, corporation or trust. Family members often use the quitclaim deed to add or remove names to a property title deed. Newlyweds and the newly divorced also tend to make use of this document. Be sure of your intent before executing a quitclaim deed, as the only way to revoke one is to create another to take its place.
Get agreement from the owner, or grantor. For your original quitclaim deed, you were the grantor, and the person to whom the property was transferred was the grantee. To revoke the original quitclaim deed, you need the cooperation of the current grantor. A grantee cannot initiate and execute a new quitclaim deed on her own.
Take photos of the subject property to file with the quitclaim form.
Copy the property description to attach to the quitclaim form. Both the grantor and the office of the county recorder have copies of the description.
Download the correct quitclaim form for your state. Many websites allow you to either download or print these forms directly, such as QuitClaimDeed.com.
Take the form, and the grantor, to a notary public's office for signature. The laws vary by state as to how many signatures are needed and whether additional witnesses are required. All states require that the grantor sign the form, typically before the notary. Some states make the grantee's signature mandatory. In most states, the notary must witness the signatures, then sign and stamp the document. A few states require the presence of one or more witnesses in addition to the notary.
Keep a copy of the executed quitclaim deed.
Provide the document to the county office that records deeds. The office may charge a fee for the recording.
References
- Quit Claim Deed
- 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.
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