According to The Free Dictionary, a quitclaim deed is defined as "An instrument of conveyance of real property that passes any title, claim, or interest that the grantor has in the premises but does not make any representations as to the validity of such title." If the recipient is comfortable accepting ownership of the property without guarantees as to any encumbrance, such as a mortgage, on the title, then a quitclaim deed may be printed from an online legal document service or a blank form may be used.
Determine whether a quitclaim deed is appropriate for your situation. If all parties are comfortable conveying title this way, use a printed quitclaim deed form that you may purchase at an office supply store or an online service to help you create the document. LawDepot.com (see the Resources section) allows you to complete the information online to be printed out when you're done. FormsGuru.com (see the Resources section) has a free form that you may print out and complete manually.
You may file a quitclaim deed without a lawyer, although it may be advantageous to use one.
Carefully complete all blanks on the form. Type or print clearly in black ink, if using the manual form. In the blank that states "when recorded return to," give the name and address of the party where the deed should be mailed after it is recorded. Ultimately, the document should be in the possession of the grantee. Where it asks for "consideration" use the purchase amount. Use a complete legal description of the property being conveyed and the current legal names of the grantor(s) and grantee(s). The grantor is givng up ownership rights and the grantee is receiving title to the property.
Sign the document before a notary public. You will be required to supply a picture identification to verify your identity. Your bank may offer notary services.
Copy the document once it has been notarized so that all parties have a copy of what was signed. Reserve the original copy to be filed in the county records office.
Deliver the original quitclaim deed to the county courthouse. Pay the recording fee, which varies by jurisdiction. Recording protects the grantee. Be prepared to give proof that county real estate taxes on the property are paid in full.
Transfer the title for a mobile home through your Department of Motor Vehicles or the Department of Commerce, depending on your state. Check your state's laws on mobile home titles with one of these agencies. The quitclaim deed transfers title to the real estate only. The transfer is needed if you expect to own the mobile home sitting on the real estate.
- A quitclaim deed does not guarantee the grantee clear title to the real property. It only conveys the grantor's interest in the property to the grantee. If the grantee prefers a warranty of clear title along with the deed, an attorney should be retained. The grantor will no longer own the property once the quitclaim deed transaction is complete. However, the grantor still may be responsible for repaying any mortgage or note currently due on the property, even after the quitclaim deed is filed.
- This article does not constitute legal advice. Consult an attorney prior to submitting a quitclaim deed to ensure that you understand all legal ramifications.
- If you need legal advice but cannot afford an attorney, contact your local legal services or legal aid society for help.
- Young freckled woman sitting at the table with document image by Vasiliy Koval from Fotolia.com