In real estate, numerous types of legal documents, commonly known as deeds, are associated with property transfers. One such deed is a "quitclaim" deed, which grants specific property rights and has its own set of limitations. The particulars of quitclaim deeds vary by state.
What Is a Quit Claim Deed?
A quitclaim deed is a legal document in which the current owner of a property, or grantor, relinquishes his claim to a piece of real property to someone else, known as the grantee. Quitclaim deeds are commonly used in divorce settlements when one spouse relinquishes his interest in a jointly owned home. Quitclaim deeds are also used when someone wants to give a piece of property as a gift. A quitclaim deed provides no guarantees that the title being transferred is clear.
Statute of Limitations
The statue of limitations on a quitclaim deed varies. No nationwide standardization of the statute of limitations exists, so you must check the state laws where the property is located to accurately determine the amount of time you have to contest a quitclaim deed. State law also determines whether a quitclaim deed must be recorded to be valid, which will affect the statute of limitations to contest the deed.
Determining Statute of Limitations
Find the statute of limitations by contacting the local recorder of deeds. Contact information for the county recorder's office is typically available through the county government website.
- U.S. Legal: Real Estate Deeds
- 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.
Edina Whittlesby has been writing in varying capacities for more than 10 years. In addition to scholarly papers, her work has been published in the local "Verge" magazine. She has two master's degrees in historic preservation and architectural history, with an academic and authorial focus on history and the arts.