How to Correct a Quit Claim Deed

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A quit claim deed is a document signed by one or more owners of a property. If you are an owner of the property as stipulated on the warranty deed, the quit claim deed allows you to relinquish your rights to the property and leave all control to the other owner or owners. Technically only someone who has a claim to the property can quit claim it to another one of the owners. A record of quit claims is kept in the county or city recorder's office and becomes part of something called a chain of title. This is a record of the ownership of the property, and of any significant legal developments involving the property. The best way to "correct" a quit claim deed is to make a new one with all the updated information, if the quit claim deed has already been recorded. If it has not, destroy the original and any existing copies and make a new one.

Gather all the parties involved. This includes the person quit claiming it (the grantor) and the recipient (the grantee). The person giving up his rights to the property should fully understand the implications of quit claiming it to another person or persons. This situation is common among family members when one party decides to give up his or her rights so the other party can take control.

Get a quit claim deed form. It is very simple form with straight forward language. There are several Websites that provide legal forms, some for a fee, where you can easily get one. See the link in our Resources section for a sample quit claim deed form.

Get all the parties to sign the quit claim deed. Witnesses to each signatory should also sign the document.

Notarize the quit claim deed. It is important to notarize a legal document such as this one. The form can be easily adapted to have as many notary signatures as there are grantors and grantees.

Record the quit claim deed. After signing, the new quit claim deed should be recorded in your county court or recorder's office so it becomes part of the chain of title for the particular property and therefore part of the public record.

Tips & Warnings

  • Quit claim deeds should not be used to transfer property between parties who were never on the original warranty deed. A quit claim deed is to be used when one or more parties on the original deed to the property is giving up their rights to the other person(s) on the deed.

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