Property transfers are often a straightforward process. Transferring property rights requires a quit claim form. Whether you are owner of six estates or you are a stepmother relinquishing your rights to a property, a quit claim form is a deed transfer order required by the courts and county recorder. It is possible to draft a quit claim form yourself or you can visit the county recorder's office to obtain a prefabricated copy.
Name the Grantee
Name a grantee. A grantee is the person or entity that will retain rights to the property once your relinquish control. Be sure this person or entity agrees to take over ownership rights before moving forward. The stepmother is considered the "grantor" in this matter.
Prepare the Quit Claim Deed
Fill out the quit claim deed. Begin the form, as recommended by Luxury Homes and Properties, as follows: " [Grantor's name], an individual with an address of [Grantor's address], being married, ("Grantor"), in consideration of [Title and address of property] and other good and valuable consideration to Grantor paid, the receipt of which is acknowledged, does hereby remise, release and forever quitclaim to [Grantee's name ], an individual with an address of [Grantee's address], ("Grantee"), all right, title and interest of Grantor, if any, in and to the following real estate:"
Write the Habendum
Write the habendum. The habendum lists a full description of the property and any contents – barn or shed, for example – associated with the property transfer. Be as specific as possible when writing this section. Note that the grantee is now responsible for all taxes, assessments and current or future zoning issues associated with the property.
End the habendum with the following language: "It is expressly understood and agreed between Grantor and Grantee that Grantor makes no representations, covenants or warranty of any kind whatsoever. By this instrument, the parties intend that Grantor release to Grantee whatever interest Grantor may have in the above property, if any."
Include an Amount as Consideration
Include an amount as consideration. The consideration is the means with which the transaction is taking place. Means could be money – the grantee is paying a sum of money to acquire rights, for example. Giving the property for free – or as a "gift" – is also an option. Use the following language in the consideration: "I, [Grantor], of [Grantor's address], spouse of [Name of Grantor's spouse], in consideration of the above sum and other good and valuable consideration received, do hereby waive and release to Grantee all rights of dower, courtesy, homestead, community property, and all other right, title and interest, if any, in and to the above property."
Sign and Date the Document
Sign and date the document. Include the grantor's signature and, if possible, the signature of the grantor's spouse. Have the document notarized and send a copy of the quit claim deed to the grantee via certified mail. File the quit claim deed with the county recorder in the district where the property is located.
Consult a real estate and/or tax attorney before filing your quit claim deed to ensure your document is legally sound.
- Consult a real estate and/or tax attorney before filing your quit claim deed to ensure your document is legally sound.
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