A quit claim deed is a legal document that conveys the interest a person has in a property to another person or entity. It does not affect the mortgage or responsibility for the mortgage. It is frequently used in divorces or estate planning to simply transfer ownership from one party to another. To retain the right to possession of the property, you must have a life estate. This allows the grantor of the quit claim deed the right to live in the property until he dies. This ensures he has a place to live, but inheritance rights go to the person who remained on title, the grantee.
Get the form for the Quit Claim Deed that is legal in your state. Contact your county recorder of deeds or a local attorney to procure a state-specific form.
Complete the form. In the Grantor space, the current owner(s) of the property should put their names. In the Grantee space, all people who will be owners when the deed is executed should be listed. This means the person who was previously quit-claimed off the deed, plus the person(s) who remained on the deed.
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Complete the address of the property and the legal description, which can be found on the deed.
Sign the quit claim deed in front of a notary public and a witness. Both the Grantor and Grantee must sign the deed. If multiple persons own the property, they must all be listed as Grantees and they must all sign the deed if they wish to retain their ownership rights.
File the newly signed and notarized quit claim deed with your county recorder of deeds. You have now successfully reversed the previous quit claim deed.
Warnings
- Under no circumstances should you sign the quit claim deed out of the presence of the notary public. The notary certifies that she witnessed the signing and can't do so if you have already signed.
References
Resources
Warnings
- Under no circumstances should you sign the quit claim deed out of the presence of the notary public. The notary certifies that she witnessed the signing and can't do so if you have already signed.
Writer Bio
Julie Segraves is a freelance writer and photographer. She has written for several community newspapers in Chicago and authors her own blog. Segraves graduated from Loyola University with a Bachelor's in sociology and a minor in criminal justice. She currently works in the IT field as a mainframe operations analyst and disaster recovery specialist.