Quit Claim Deed Form: A Comprehensive Guide

What is a Quit Claim Deed?

A quit claim deed, also known as a non-warranty deed, is a legal document that transfers ownership of real property from one party to another. Unlike other types of deeds, it does not guarantee the quality or condition of the property being transferred.

In essence, the grantor (the person transferring the property) releases all their rights and interest in the property to the grantee (the new owner). This type of deed is often used when there are no liens or encumbrances on the property, as it does not provide any warranties about the property's condition.

Quit claim deeds are commonly used for transfers between family members, such as inheritance or gift-giving, and can also be used to transfer property between spouses in a divorce settlement.

When to Use a Quit Claim Deed vs. Warranty Deed

While quit claim deeds are often used for transfers between family members or in divorce settlements, they may not be suitable for all situations.

In contrast, warranty deeds provide more protection and guarantees about the property's condition and any potential liens or encumbrances.

For example, if you're selling a property to a buyer who is financing their purchase through a mortgage, a warranty deed would typically be used to ensure that the buyer has clear title to the property.

Quit claim deeds are generally less expensive than warranty deeds, but they do not provide the same level of protection for the new owner.

How to Prepare and File a Quit Claim Deed

To prepare a quit claim deed, you'll need to gather the necessary information and documents, including the property's legal description, any outstanding liens or encumbrances, and the signatures of all parties involved.

The grantor must sign the deed in front of a notary public, and the document should be recorded with the county clerk's office where the property is located.

It's recommended to consult with an attorney or title company to ensure that the process is done correctly and that any potential issues are addressed.