How to File a Quit Claim Deed
A quit claim deed is a way that one party can transfer a piece of real estate to another When you file a quit claim deed, you are signing way and rights that you have to a property. However, quit claim deeds are different than other types of deeds because in a quit claim deed, the person signing away their rights is not promising that there are not others that may have an ownership in the property. In fact, the person signing the quit claim deed may not have any ownership at all! Quit claim deeds are usually used in families and other special circumstances. If you'd like to file one, these steps should get you on your way.
Instructions
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First, check with your state about requirements that are special to your state. One way to do this is to simply google the words: Quit Claim Deed (enter your state). You can also check your local library for information, or call an attorney who will likely walk you through the process for a very small fee.
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You will then need a quit claim deed form and will have to fill that out.
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You will have to obtain something called a legal description of the property. What will constitute a legal description of the property varies by state, but usually includes the property address, property location information, and a legal description of the land which will explain exactly where the parcel is. It may also include tax map information. You may be able to obtain this by contacting the county department where property information is held.
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To file a quit claim deed, you will need to purchase a quit claim form and fill it out. You can also fill these out online and print them or have an attorney do it for you. It will need to be signed in front of a notary and notarized by him/her. If you have a bank account, they often offer free or cheap notary services for their customers.
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Now it's time to file the quit claim deed with the county. You will have to pay a small fee to have them file it for you.
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Tips & Warnings
If someone is granting your property using a quit claim deed, remember that it does not necessarily mean that the title to the property is clear. There could by other people or entities that have an interest in the property.
Check with an attorney to make sure a quit claim deed is right for you.
Once you sign over your interest in a property using a quit claim deed, you have lost your interest in the property and can not get it back unless you can prove that you were coerced into signing it or some other terms of fraud. Sign away your interest to a property with care!
Comments
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Jenny Powers
Mar 13, 2009
Hmm, good info. Thanks. -
Sarah Wilson CCRP
Dec 21, 2008
Wonderful article. Very helpful. Thanks! -
pappy537
Dec 21, 2008
I feel better now that I did this on my property after my divorce. Thanks for the info. -
veryirie
Dec 20, 2008
This quit claim deed is really great info! We have a situation and this looks like the right answer. Thanks so much!