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How to File a Quitclaim Property

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By Lindsay Nixon
eHow Contributing Writer
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Quitclaim deeds, which are deeds without guarantees, are typically used only in special circumstances such as to remove a cloud on a title, during tax deed sales or for transfers between family members, particularly at divorce. Unlike general warranty deeds, quitclaim deeds have no warranty or guarantee of ownership. Instead, they only convey the grantor's rights or interest, if any, in the property. If you need or want to file a quitclaim deed, follow these easy steps.

Difficulty: Moderately Easy
Instructions

Things You'll Need:

  • Your state's quitclaim deed form
  • Notary public

    Instructions

  1. Step 1

    First obtain your state's designated form for quitclaim deeds. This can be done by visiting legal form websites such as nupplegal.com or uslegalforms.com. Alternatively, try typing the words: quitclaim deed [your state] into a search engine such as Google, Yahoo! or Bing. You also can check with the county recorder's office in the county where the property resides for the form, or contact a real estate attorney.

  2. Step 2

    Fill out the quitclaim deed form accurately, following the form's directions. Once the form is filled out, take it to a notary public and have it notarized. You can find notaries at banks, the post office, most law offices, UPS stores and Kinko's.

  3. Step 3

    File the notarized form to the county recorder's office in the county where the property resides. Usually the county recorder's office will charge a small administrative fee for the filing.

Tips & Warnings
  • Quitclaim deeds only convey the grantor's rights or interest, if any, in the property and offer no protection. Be sure to consult an attorney before using a quitclaim deed for real estate you are paying for. Additionally, a quitclaim deed only transfers the grantor's interests or rights; it does not necessarily free the grantor of any liens associated with the property. Meaning, if an outstanding lien--such as a mortgage--is on the property even if you quitclaim it to someone else, you are still on the hook for that lien.
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