How to File a Quit Claim Deed

The legitimate transfer of real estate involves legal documents called deeds. Unlike other such deeds, a quit claim deed is used to relinquish a right, title or interest over a property a person has or may have in future, and transfer his/her right to another. The person who transfers his right over the property is called 'grantor' and the one to whom the right is transferred is called a 'grantee'. Usually, quit claim deeds are used in case of gifts, property transfer between family members, placing personal property into a business entity, or if there are doubts regarding title of a property. This deed is most commonly used by divorced couples.

Instances of Quit Claim Deed
In case of divorces, a quit claim property deed can be executed by one party by disclaiming the right over a joint property and at the same time conferring all rights to the other. When one spouse acquires the home (they mutually own) in the divorce decree, the other one has to eliminate his/her right over the property through a quit claim deed. This person cannot claim any right over the property from that date and will not get any share of the money if the property is sold subsequently by the other person who has the title. But, as far as debts over the property are concerned, both will be liable to pay debts. In case the person, who has disclaimed his right over the property is the only one liable to pay off the debts, then he has to do it, even after enacting the quit claim deed. This deed can also be used by a spouse to disclaim any interest in a property owned by the other. For example, Mr. Harry bought a home before his marriage with Alice. After the marriage, Mr. Harry wanted to sell this home to Mr. Richard. This situation demands a quit claim deed from the wife to Mr. Richard. The execution of this deed ensures that the wife is not entitled to reclaim the property later.

Another instance where a quit claim deed is required is regarding the selling of residential property. The owner is required to file a quit claim deed to the county to facilitate the transferring of ownership from the seller to the buyer. A property is inherited jointly by seven siblings. Among them, three siblings do not want any share in that property. They must execute a quit claim deed, relinquishing their rights over the property. Another classic example of enacting a quit claim deed is related to the tax sale deed. The auction of a particular property is conducted by the local authorities to pay off the outstanding tax debt. In such circumstances, the authorities file a quit claim deed to disclaim any right over the property.

Difference Between Quit Claim Deed and Other Deeds
Even though a quit claim deed is a legal document related to property transfer, it differs from other types of deeds, like grant deeds and warranty deeds, which are normally used in case of real estate sales. The latter deeds require a guarantee from the grantor to the grantee that the title is clear, whereas in case of a quit claim deed, there is no guarantee from the grantor to the effect that the property is free of debts or there is no other person who has claim over the property. A quit claim deed does not even guarantee that the grantor has any claim or right over the property concerned.

How to File a Quit Claim Deed
There are many people who are not aware of the formalities regarding the filing of quit claim deeds. Even if they are aware, they may not be in a financial condition to afford a lawyer. Here are some guidelines, which can help you with the task of filing a quit claim deed.

• The first thing you have to do is to check the local laws regarding quit claim deeds. You can either go through the relevant books or check online for information. You can even approach an attorney for this purpose.
• Now, you have to buy a blank quit claim deed form from a bookstore or download it. Fill the necessary information as required. Make sure that you are entering the right information. Avoid any spelling mistakes or factual errors. Any such mistake can invalidate the document.
• The next step is to contact the county department, which deals with information relating to properties, and obtain papers which contain a legal description of the property. It may differ from one state to another, but generally includes the details regarding a particular property.
• Now, you have to sign the form in front of a notary. If there is more than one grantor, all of them should be present before the notary. Nowadays, some banks also offer cheap notary services for their customers.
• The final step involves the filing of the quit claim deed with the county. They will charge you a small fee for recording the document.

It is very important to ensure that you are using the current legal names of the parties. For example, divorced couples must use the names that are used in the divorce decree. You have to understand that once the deed is final, the transfer is also final. You don't have any right over the property anymore. If you want to get back the property, the grantee should quit his/her claim. If this does not happen, you have to hire a lawyer, file a suit and prove that you had signed the deed under threats. The whole process involves a waste of time, money, and above all, there is no guarantee of success. Hence, you should think well before signing a quit claim deed. It is always better to seek advice from a lawyer, before signing a quit claim deed.