How to File a Quickclaim Deed

A quit claim deed is usually filed when someone is giving up their interest in a property. It is commonly used in divorce, when one spouse gives up his right, title and interest to the property to the other spouse.

Procure your state's quitclaim deed form.

In the blanks provided, fill out the grantee and the grantors' names and current addresses.

Fill out the legal description of the property. You can get the legal description from your original deed or from the property appraiser's office. There should also be a place to include the address of the property.

Sign and notarize the deed. Some deeds only require one or two witnesses, while some deeds require a notary stamp, depending on which state you are in.

Record the deed at your county's recording office. You will have to pay documentary stamps on the deed and recording fees. Documentary stamps and recording fees vary depending on your county or state.

Warnings

  • If you sign a quit claim deed, you are giving up all of your rights in your property. Do not sign a quit claim deed, or any other deed, without knowing your rights.

Tips

  • The grantee is the receiver of the property. The grantor is the person signing away his or her rights to the property.
  • Call the recorder's office to ask what the fees will be before you file. In some states, the documentary stamps may be a minimum fee in cases of divorce. Documentary stamps are a percentage of the purchase price, or in the case of a quit claim deed, may be a percentage of the value of the property as listed at the property appraiser's office.
  • If you are unsure as to whether you have filled out this form properly, contact an attorney to review it for you. The recording office will not tell you if you have improperly filled out a quit claim deed, or any other deed.

About the Author

Cayden Conor has been writing since 1996. She has been published on several websites and in the winter 1996 issue of "QECE." Conor specializes in home and garden, dogs, legal, automotive and business subjects, with years of hands-on experience in these areas. She has an Associate of Science (paralegal) from Manchester Community College and studied computer science, criminology and education at University of Tampa.

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