A quit claim deed is a legal instrument designed to transfer an interest in real estate in what best is described as "as is" condition. In other words, unlike a warranty deed, a quit claim deed does not guarantee that the title to the real estate is free of any liens or other encumbrances. In order to ensure the effectiveness of a quit claim deed, the instrument must meet certain requirements.
Names of Parties
A quit claim deed includes the name of the person with an existing interest in the property and the name of the person to whom that interest is transferred through the deed. For example, if a couple in a divorce case is transferring an interest in real estate as part of a settlement, one spouse is listed as the person conveying the interest in the property and the other is included as the one receiving that interest.
The quit claim deed must include a legal description of the real estate in question. If those involved in the proposed conveyance do not have the legal description, the register or recorder of deed in the county where the real estate is located maintains that information. The register or recorder of deeds can access this information either by using the street address of the property or the name of the person listed as the owner of it.
The individual conveying an interest in the real estate must sign the quit claim deed. The execution must occur in front of a notary public. The failure to sign a quit claim deed in this matter results in it being ineffective.
Once executed, the quit claim deed must be filed at the office of the register or recorder of deeds in the county where the real estate is located. The register or recorder of deeds office typically is located in the county courthouse or the county administration building. A fee is charged to file a quit claim deed, the amount varying from one jurisdiction to another.
- "Real Estate Law"; Robert J. Aalberts & George Siedel; 2008
- FindLaw: Deeds FAQ
- "Practical Real Estate Law"; Daniel F. Hinkel; 2007
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