How to Use a Quitclaim Deed to Claim Land
Quitclaim deeds document the transfer of property ownership rights or interest in the property. The quitclaim deed is drawn to show that the grantor conveys the property to the grantee with specific wording. Quitclaim deeds do not offer a warranty from the grantor that he holds a free and clear title to the property. Because of this, quitclaim deeds are often used to add or remove someone from the property title, rather than to completely sell to new owners. However in certain cases a quitclaim deed can accomplish this. An example of this would be parents quitclaiming land to their children.
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Instructions
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Contact an attorney to prepare the quitclaim deed. The deed will need to contain the names of the granting party and the receiving party. Additionally, the deed format will need to meet the state guidelines for recording.
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Review the quitclaim deed for accuracy. Make sure to check spelling, property addresses, and the legal description of the property.
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Set up an appointment with a notary public to witness the document signing. Most states only require the grantor to sign the deed.
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Prepare any forms that are required by the state or county to accompany a deed for recording. Common deed forms are the P-Tax 203 used in Illinois, and the Sales Disclosure form used in Indiana.
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Submit the deed to be recorded at the county recorder of deeds office. This office is usually found in the county courthouse or municipal building. There will be a recording fee charged by the county which can be paid at the time of recording.
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Order a title search to be completed on the property once the deed is recorded. This new title search should show the grantees as the current owners of the property.
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Tips & Warnings
Quitclaim deeds do not always have to show a consideration, or price paid for the property. Quitclaim deeds are often exempt from transfer taxes because of this.
Quitclaim deeds cannot convey a warranty. If someone tries to claim interest in the property in the future on the basis of a previous deed, the new owners must assume the responsibility to resolve the issue. This process could be lengthy and incur legal fees.
References
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