Hire a Quitclaim Deed Lawyer to Help With Real Estate Affairs

What Is a Quitclaim Deed?

Deed Definition

Transferring a real estate title from a property owner to a buyer is generally verified through a “deed,” most commonly through a “grant deed” or a “warranty deed.” These allow the seller to give the buyer a “good title,” along with the right to sell the property. If an individual steps up with a superior title to the property, grants or warranty deeds also offer buyer protection to compensate them in such situations. Additionally, this deed promises the buyer that the property is free of liens and mortgages. This is different than a quitclaim deed.

Quitclaim Deeds

In contrast, a quitclaim deed offers no guarantees, warranties, or promises on the property. Such deeds simply transfer the grantor’s entire interest in the property, though they can only transfer what the grantor owns.

In some cases, this could be a full title. In others, it could be nothing at all. Consulting with a legal expert can help you assess the details of signing a quitclaim deed; such as what you get from the agreement, or any hidden heirs or superior claims involved.

Quitclaim Deed Limitations

Before signing (or filing) a quitclaim deed, you must understand the restrictions in place. Such limitations commonly include:

• No guarantees of property ownership, title, or other existing conditions. Sometimes, the grantor may not have title to the property at all. The property may also hold existing liens or interests. 
• No changes to a mortgage. This means divorced couples who use quitclaim deeds to transfer one’s property interest to the other still have both their names on the mortgage. This also means they are both still liable for the debt. 
• A statute of limitations. Some states may honor a quitclaim deed for only a set amount of time.
• Zero protection from a will. Grantors who transfer their interest in a property through a quitclaim deed, though receive legal ownership of the property through a will later, do not have to give up the property. 

When Should You Use (or Sign) a Quitclaim Deed?

Quitclaim deeds are commonly used to transfer property ownership without a traditional sale. For example, during a divorce, one spouse may transfer their share of the property to the other. Similarly, parents may transfer their home to their children when moving to assisted living, or a sole homeowner may share ownership with a cohabitant through a quitclaim deed.

These deeds are also useful for resolving unclear property ownership or title issues. Such situations might arise during divorce proceedings or when another party has a potential claim to the property.

In these scenarios, a quitclaim deed—sometimes called a “deed of release”—helps clear up ownership disputes and ensures proper title transfer. Consulting with a real estate lawyer can help determine whether a quitclaim deed is the right solution for your situation.

Quitclaim Deed Form Requirements

Though the requirements can vary by state, most require the following:

• The names of the grantor and grantee
• A legal description of the property being transferred
• The county name for the property’s location
• Signature of the notary public and the grantor

Other necessary information may include the date of the transfer if any money is involved, the grantor’s existing ownership rights, the grantor and grantee’s contact information, and the grantor and grantee’s marital status. Some states may also require the grantee to sign the document, with others requiring witness signatures. After all parties sign, they must file it in the land records office in the property’s geographic location.

You must make sure your quitclaim deed holds all the legal details required. Working with a legal expert can ensure a smooth, efficient process between you and the other parties involved.

How to Challenge a Quitclaim Deed

In some cases, parties may challenge a quitclaim deed for legitimacy. An individual may claim the grantor did not sign the deed or that the deed was forged.

A quitclaim deed already filed in the land records office can prove difficult to challenge, as it has already taken place. Thus, those wishing to challenge a quitclaim deed can find assistance through consulting with an attorney. When working to dispute your case in court, you must gather any proof or information you may have on the deed’s execution. This can include any witnesses, proof of the grantor’s intent (e.g. emails or texts), and the original deed that transferred ownership to the grantor, proving she or he possesses or lacks the full title to make the transfer.

Work With an Experienced Local Lawyer

Real estate transactions can become rather complicated and challenging. Whether you desire to transfer ownership of a property or are being granted full or shared ownership of a property, it can help to work with a lawyer before filing or signing any deeds.

As quitclaim deeds come with no guarantees, such cases are often prone to vague assumptions, conditions, and agreements. Allow our team of legal experts to assess and outline your rights, ensuring you have full knowledge of what to expect and receive. Additionally, our dedicated advocates can help ensure all the requirements of creating a quitclaim deed, making your exchange as quick and problem-free as possible.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.