Filing a quit claim deed is a relatively simple process. Here’s how to file a quit claim deed.
1. Research quit claim deed requirements in your area.
The specific process and requirements vary from state to state, so check with an attorney or look up state-specific requirements online.
2. Obtain the proper form.
Forms – and other required legal documents – vary by state so make sure to obtain the proper form.
3. Get a legal description of your property.
The specifics may vary but this generally includes your property’s address, location information, and a description of the land your property is situated on that explains precisely where the parcel is located. You can obtain most of this information from your local county office or from your existing deed (if correct).
4. Fill out the form.
Fill out your form or have an attorney fill it out for you for a small fee. You must sign these forms in front of a notary, and the form must be notarized to be valid.
5. File the form with the county.
File the form with your local county office. There may be a small filing fee for doing so.
What is a Quit Claim Deed?
A quit claim deed is a legal document used to transfer property, often between family members. These deeds generally come with no guarantees or warranties, so they’re typically reserved for situations where you and the other party have an established relationship. Here’s what you need to know about doing a quit claim deed.
When to Use a Quit Claim Deed
Here are a few common ways that people use quit claim deeds:
- To clarify errors in previously recorded deeds. Even minor discrepancies can cause problems if you try to sell your property. Quit claim deeds are often used to correct previously recorded mistakes or to clarify ambiguous language in previously recorded deeds.
- To clarify how your property is owned. If you are the part owner of a property, you might use a quit claim deed to clarify tenancy or to establish joint tenancy with the right of survivorship. If you and your spouse jointly own your property, for instance, establishing the right of survivorship means that ownership passes to your surviving spouse following your death, without the need for costly probate.
- To transfer ownership following divorce or other circumstances. If you’re getting a divorce, you or your spouse can transfer ownership of your portion of your property using a quit claim deed. Likewise, quit claim deeds can be used to transfer your stake of ownership to your siblings or other family members if you want to relinquish ownership. Filing a quit claim deed means that you are relinquishing your ownership in your property, so be sure that you’re making a sound decision before filing. If someone else is transferring ownership to you through a quit claim deed, remember that this document does not guarantee that the title is free and clear of mortgages or liens.
Questions?
If you have questions about quit claim deeds, contact a Redfin real estate agent in your area.