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What is a Quitclaim Deed?
-
Sep 2008
Everyone knows that a written document is needed in order to transfer title in real property from one person to another. What everyone does not know is that the written document used to convey property can be complicated and nuanced, taking multiple forms, each with its own specific implications and particular best uses. There are three types of deeds used to convey property: 1) the general warranty deed, 2) the special warranty deed, and 3) the quitclaim deed.
General and special warranty deeds are used to warrant the good state of the title. These types of deeds will contain covenants that so warrant, protecting the new title-holder from lawful claims of superior title and agreeing to compensate him for any loss incurred by a successful third party challenge of superior title. Additionally, a general warranty deed will contain covenants that promise the new title-holder that he can legally purchase, possess and enjoy the property in question. A special warranty deed will address the issue of defects that arose during the seller's ownership period.
In sharp contrast to these warranty deeds, a quitclaim deed contains no warranties of title at all. The quitclaim deed only operates to convey to the seller's interest in the property to the buyer. This means that if a seller owns a building, he can give a quitclaim deed to the buyer and the seller's entire interest has been transferred.
Of course, the fine points addressed by general and special warranty deeds are not addressed in a quitclaim deed situation, making the quitclaim a precarious and often difficult instrument by which to convey title. Because a quitclaim only operates to convey a legal interest in the property, a quitclaim given out by a person who does not actually own the property named in the deed will not be liable for any damages at law. There are no breached covenants because no covenants were created. The deed is just a valueless piece of paper and nothing is transferred.
That said, a brief glance at the past can undoubtedly remind us of the incredible value and efficiency of a quitclaim during different historical eras. At times when land claims needed to be made as quickly and efficiently as possible, the quitclaim was a great tool by which people took title. The California Gold Rush is probably the best example of a historical period in which the quitclaim was an essential factor in shaping the economy and social hierarchy of the day.
Of course, the quitclaim has importance beyond elementary school history lessons. Today, the quitclaim can be used to remove apparent defects in title without the time and expense of litigation. Once the title is unquestionably established through quitclaim, a general or special warranty deed can be used to further clarify the more subtle covenant issues associated with property ownership and purchase.
To get started on a LegalZoom Quitclaim Deed click here.
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Comments
Submitted by on Feb 28, 2010 - 6:40AM
I would like to add my wife's name to, 2 lots I have.
How much would this cost me ?
thanks
chris
Submitted by on Jan 26, 2011 - 1:58PM
My husband has a house and would like to add my name to it. How much does this cost and what is involved??
Submitted by on Mar 6, 2010 - 2:25PM
How do I pull up the form for quick claim deed? I can't figure out where it is.
Submitted by on Dec 1, 2011 - 5:38AM
I wood like to know if you help me to file Quick Claim Deed
how mutch will cost to me, I just want to give as a gift to
my son a house or You can suggest me how I can file file Quick Claim Deed myself.
Thanks
Submitted by on Apr 26, 2010 - 4:41PM
I want a Quitclaim Deed form for New jersey . Can I get it for free ?
Submitted by on Aug 8, 2010 - 10:35AM
How do I get a form for a free quick claim deed for Utah?
thank you
Submitted by on Aug 11, 2010 - 11:25AM
Hello Donna and thank you for your question. We're really glad you thought of LegalZoom for your Deed Transfer needs! Give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions. You can also get started right away at: http://www.legalzoom.com/real-estate-deed-transfer/real-estate-deed-tran...
Submitted by on May 13, 2010 - 11:17AM
Hi Janet, Elizabeth, and James, we can certainly help you with a Quit Claim Deed! Give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions. Or get started right away at: http://www.legalzoom.com/real-estate-deed-transfer/real-estate-deed-tran...
Submitted by on Jul 30, 2010 - 5:51AM
We are looking for a free quitclaim deed form for Indiana. We only need to change my last name since we are now married. Thank you.
Submitted by on Jan 10, 2011 - 1:54PM
Does anyone know where I can get the Quitclaim deed forms
in order to my children to my Timeshare in Las vegas.
Submitted by on Jan 28, 2011 - 3:43PM
Hi Ann, thanks so much for contacting LegalZoom! We certainly offer Quitclaim deed services. Give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions. Or get started right away at: http://www.legalzoom.com/real-estate-deed-transfer/real-estate-deed-tran...
Submitted by on Mar 9, 2010 - 11:10AM
How do I pull up the form for quick claim deed? I can't figure out where it is.
Submitted by on Mar 17, 2010 - 5:33AM
I would like to add my wife's name in the title of the property. How do I go about doing that and the cost.
Thank you...Mark
Submitted by on May 19, 2010 - 9:39AM
Hi Mark,LegalZoom can absolutely help you with a deed title transfer! You can get started right away at: http://www.legalzoom.com/real-estate-deed-transfer/real-estate-deed-tran... or you can ive us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions.
Submitted by on Aug 7, 2010 - 3:44PM
my parents wish to put there rent house in my name how do we get started?
Submitted by on Aug 11, 2010 - 11:22AM
Hi Terry, thanks for your question! LegalZoom offers a Real Estate Deed Transfer service that you can use to change the title on properties. Give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions. Or get started right away at: http://www.legalzoom.com/real-estate-deed-transfer/real-estate-deed-tran...
Submitted by on May 19, 2010 - 9:35AM
Hi Micki,thanks for your question, we'd be glad to help you with a Quit Claim Deed! Just give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions. You also have the option to get started right away at: http://www.legalzoom.com/real-estate-deed-transfer/real-estate-deed-tran...
Submitted by on Dec 16, 2010 - 5:02PM
Yes, we certainly do offer a Real Estate Deed Transfer service that will enable you to prepare a quitclaim deed! Give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions. Or get started right away at: http://www.legalzoom.com/real-estate-deed-transfer/real-estate-deed-tran...
Submitted by on Mar 19, 2010 - 9:51AM
I would like to add my sister's name in the title of the property. How do I go about doing that and the cost.
Thank you...Cathy
Submitted by on May 19, 2010 - 9:51AM
Hi Cathy, that's great, and thanks for thinking of LegalZoom! We'd be happy to assist you with your title transfer, and are available to answer any questions you may have if you'd like to give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) . You can also get started right away at: http://www.legalzoom.com/real-estate-deed-transfer/real-estate-deed-tran...
Submitted by on Mar 22, 2010 - 11:45AM
I would like to transfer my interest in a residential property back to my mother by using a Quick Claim Deed. Can this be done and how much will it cost?
Submitted by on May 19, 2010 - 9:09AM
Thanks for your question, Elizabeth. Yes, we certainly offer Quit Claim Deed services! Give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions. Or get started right away at: http://www.legalzoom.com/real-estate-deed-transfer/real-estate-deed-tran...
Submitted by on Apr 9, 2010 - 10:24AM
My Father-in-law has few assets but he does own his home and would like to add my husband's name to the title so he doesn't need to make out a will. Would a quitclaim deed suffice in this situation?
Submitted by on Apr 20, 2010 - 5:50PM
A friend of mine, gave me a quit claim deed that he wants me to keep in good safekeeping, until he really needs it, for getting out of a very precarious conservatorship!
However, the deed is not notarized to date, the property has a AIN, and the location is in Stevenson Ranch, an Unincorporated sectgor of LA.
It's value back in 4/2003 equalled: $61,000.00; How do I go about researching if this land has been developed, looked for all the property owners
Submitted by on May 18, 2010 - 1:02PM
Hi Rick! Though we do offer deed transfer documents, we are unable to advise you on your specific situation. We can, however, help you find a lawyer to answer your questions. Check out our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Apr 21, 2010 - 3:50PM
Would I use a "quitclaim deed" as a request to a Timeshare to get out of the contract?
Thank you for your time and consideration.
Submitted by on Dec 22, 2010 - 7:06PM
Since a Timeshare is a real estate scam, why would a deed offer be effective.
Submitted by on Apr 28, 2010 - 9:27AM
do i need a quit claim deed if my husband and i are filing for divorce in TExas and he wants nothing to do with the home? The loan and property is under his name only.
Submitted by on May 26, 2010 - 9:12AM
Hi Nancy! While we can't tell you that you need to file a Quitclaim Deed in your situation, we can certainly help you do so if you chose. Give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions. Or get started right away at: https://www.legalzoom.com/real-estate-deed-transfer/real-estate-deed-tra...
Submitted by on Apr 29, 2010 - 7:31AM
Can I stipulate a time period on on quitclaim deed. example. effective 2010 and expires 2015.
Submitted by on May 26, 2010 - 9:13AM
Hey Tony, though we don't have the ability to set time periods on the Quitclaim Deeds we help prepare & file, we can put you in touch with an attorney who might be able to help you with that. Visit our referral service at http://attorneyconnect.legalzoom.com
Submitted by on Apr 29, 2010 - 7:33PM
I had my daughter added on to the deed, but now Im looking to have her removed from the deed. She was never added to the mortgage, can I file a quitclaim deed to have her removed?
Submitted by on May 26, 2010 - 9:15AM
Hi Mel! We can certainly help you file a deed to remove an individual's name from your property. Get started at https://www.legalzoom.com/real-estate-deed-transfer/real-estate-deed-tra.... If you have any questions, give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com).
Submitted by on May 10, 2010 - 6:37PM
Me and my ex-husband's divorce was final on March 24, 2010. I moved out of the house and he decided to keep it so he is living in the house. We would like to remove my name from the loan and the deed. What is the procedure and how much would it cost?
Submitted by on Jun 8, 2010 - 11:38AM
Hi Lisa! We'd be happy to help with your Real Estate Deed Transfer. Please note that the price can vary depending on your state filing fees, so give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions. Or get started right away at: http://www.legalzoom.com/real-estate-deed-transfer/real-estate-deed-tran...
Submitted by on May 14, 2010 - 11:36AM
The deed on my house has my name and my mother's name. I would now like to have only my name. THe mortgage is in both of our names. Can I use a quitclaim deed to remove her name?
Submitted by on Jun 8, 2010 - 11:41AM
Great question, and yes, LegalZoom can certainly assist with Deed Transfers to remove someone's name! Give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions. Or get started right away at: http://www.legalzoom.com/real-estate-deed-transfer/real-estate-deed-tran...
Submitted by on May 15, 2010 - 6:02PM
How do I print the forms for a quitclaim deed? Will it take me off the property given to my ex-husband in my divorce settlement.
Submitted by on May 27, 2010 - 9:51AM
Hi Holly, thanks for your inquiry. We can certainly help you with the removal of your name on a deed. Give us a call at 1-800-9962-7490 so that we may best assist you! Or to get started, please visit http://www.legalzoom.com/real-estate-deed-transfer/real-estate-deed-tran...
Submitted by on Jun 7, 2010 - 1:29PM
My mother still owes on her mortgage. The house is her only 'valuable' possession. Will a quitclaim deed to one of her children guarantee, on her passing, that probate will not be involved and the house will pass on to her children?
Submitted by on Jun 25, 2010 - 3:32PM
Hi Jan! While we certainly offer quitclaim deed documents, we cannot provide legal advice on this situation. However an attorney may be able to help you with those questions. Refer to our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Jun 8, 2010 - 9:44AM
My mother is in a nursing home. Can my father do a quick claim deed transfering land to all 6 of his children without her signature? as she can't sign or comprehend anything.
Submitted by on Jun 25, 2010 - 3:33PM
Hi Suzanne, we are sorry to hear of the situation. However, our services are only able to accommodate individuals who are of sound mind and able to sign the document they are creating. You may wish to search for an attorney who might assist you at http://attorneyconnect.legalzoom.com.
Submitted by on Jun 24, 2010 - 3:17PM
We would like to transfer a Las Vegas timeshare property from my father's trust (he passed away) to the beneficiaries so they can own and use the unit. The timeshare company said we a quitclaim deed would need to be recorded. One of the three beneficiaries is also the sole survivor trustee and also has power-of-attorney. Is LegalZoom able to assist with this?
Submitted by on Jun 25, 2010 - 3:44PM
Yes, we can certainly assist you with a quitclaim deed! Give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions. Or get started right away at http://www.legalzoom.com/real-estate-deed-transfer/real-estate-deed-tran...
Submitted by on Aug 7, 2010 - 6:39AM
How do I get a free quick claim deed FORM for the state of Utah. Please reply
legalzoom fan June Allen
Submitted by on Aug 11, 2010 - 10:19AM
Hello June, thanks for your question. While we certainly offer affordable solutions for customers seeking to transfer real estate property, please know that our services are not free. You may wish to contact your county recorder's office directly as they may have forms available.
Submitted by on Aug 21, 2010 - 6:42AM
Please send me a Quick Claim deed standard format and realted documents to gain the power of attorney to facilitate this transaction for my client!
Submitted by on Sep 3, 2010 - 2:10PM
Hi Hilda, we can certainly help you with a quitclaim deed. To get started, please refer to http://www.legalzoom.com/real-estate-deed-transfer/real-estate-deed-tran.... Give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com)
Submitted by on Sep 16, 2010 - 2:45PM
How much will it cost to process a Quit Claim Deed to take two people off a holiday home condo in the County of Riverside, California?
They wish to rescind their ownership.
Submitted by on Oct 12, 2010 - 2:51PM
I recently got married and want to add my wife to the deed of my house (she is paying half the mortgage etc.). She is not on the mortgage, and can't be added due to some past credit issues. will a quit claim deed be sufficient (where I transfer title to both of us)? I live in NY state and talked to my mortgage company and they said there is no clause where they would call the loan due if I do this.
Submitted by on Nov 3, 2010 - 9:17AM
Hi Mike, thanks for your inquiry. Do keep in mind that LegalZoom is not a law firm thus cannot advise you on your situation, however we do offer a Real Estate Deed Transfer service that can be used for a quitclaim deed. For more information or to get started, please visit http://www.legalzoom.com/real-estate-deed-transfer/real-estate-deed-tran....
Submitted by on Oct 20, 2010 - 11:53AM
What recourse do we have to protect our acreage for our children should we be ut in a home? My husband has concer,
and we may not be able to use the 5 year idea of selling the land to the children for $1.00 what othr alternatives
do we have? Help...
thank you
Submitted by on Nov 23, 2010 - 1:07PM
Hi De-Anne, thank you for your inquiry. We are so sorry to hear about your situation and send our best wishes to you and your family. Unfortunately, we can't answer your question because our specialty is legal documents, not legal advice. We can help you find a lawyer to answer your questions, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com. Please note, however, that we offer estate planning documents such as a Last Will and a Living Trust which may help you to define your asset distribution wishes. For more information, please visit our web site at http://www.legalzoom.com/legal-wills/wills-overview.html. Or you can give us a call at 1-800-962-7490 and we'd be happy to talk about your concerns.
Submitted by on Nov 28, 2010 - 3:50PM
I'm selling my land which is paid for in full, the buyer is buying it outright with one payment. What kind of deed do I need and how can I make this transaction happen in a timely manner.
Submitted by on Dec 17, 2010 - 11:47AM
Hi John, thanks for your inquiry. Just a reminder: LegalZoom makes it easy and affordable to create your own legal document, but we don't give specific legal advice. We can help you find an attorney with our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Dec 28, 2010 - 9:35AM
We are being gifted a parcel of land in Vermont from a relative (cousin). What forms do we need to file with the town hall? Will a quick claim deed be enough?
Submitted by on Jan 7, 2011 - 10:40AM
Hello, thanks for your question. Do keep in mind that LegalZoom is not a law firm thus cannot advise you on which documents to file. However, we do offer quitclaim deed services. For more information, give us a call (1-800-962-7490, 6am-7pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions. Or get started right away at: http://www.legalzoom.com/real-estate-deed-transfer/real-estate-deed-tran...
Submitted by on Jan 1, 2011 - 7:26AM
which instrument/form/document do we need to prepare and execute and of course file with the county Registrar of Deeds, that will grant us irrevocable easement to use the driveway and a path across 100 lineal feet of yard to give us access to our property just adjacent to the grantors property? We ahve a very good relationship with the grantor now, but we suspect they may sell their property soon and make our access (which we have enjoyed for 10+ years) questionable.
Submitted by on Jan 7, 2011 - 10:44AM
Hi Glenn, thanks for thinking of LegalZoom. Please keep in mind that LegalZoom is not a law firm thus cannot advise you on which document is best suited for your situation. However, an attorney may be able to guide you in the right direction. Please refer to http://attorneyconnect.legalzoom.com.
Submitted by on Jan 13, 2011 - 7:20AM
I have a similar issue and would like to hear the answer to this question.
Submitted by on Feb 21, 2011 - 6:39PM
How do I obtain an irrevocable easement for my driveway across about 150 ft of my neighbor's property to gain access to the public road. My driveway has been in place about 9 years and was initially a logging road that has been in existence for about 50 years.
Submitted by on Mar 4, 2011 - 12:03PM
Hi Selden, thanks for contacting LegalZoom. Unfortunately, we do not offer an irrevocable easement doucument. We can help you search for an attorney that might be able to assist you, though. Check out: http://attorneyconnect.legalzoom.com to search for an attorney.
Submitted by on Jan 9, 2011 - 3:58PM
I need to file a Special Warranty Deed on a piece of property in Henderson County Texas. There are three partners and two of the partners want to transfer their shares to the third partner. I have been told it will require a Special Warranty Deed. I would like to do it on-line myself and have been told this is possible. Please let me know if this can be filled out on-line and I can send it in to Henderson County. I am a bit confused about where I go from the first screen in order to bring up the proper screen. Thanks, Millie Williams I do not want a Quitclaim Deed and have been told I need the Special Warranty Deed
Submitted by on Jan 28, 2011 - 3:16PM
Hi Millie, though LegalZoom does offer Quitclaim and Warranty deeds, we unforuntely do not offer Special Warranty deeds. If you are interested, we can help you find an attorney with our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Feb 14, 2011 - 10:20AM
I NEED A SPECIALTY WARRANTY DEED I AM PRETTY SURE FOR A TITLE CHANGE TO A PARK MODEL HOME ON WHEELS 1995 PROWLER
39 FEET. CAN YOU TELL ME HOW TO DO THIS ONLINE.
THANKS LEE
Submitted by on Mar 5, 2011 - 4:18PM
I have inherited a condo in a living trust here a few years ago. My sister did not want to sell the place due to sentimental reasons. She has given me the Power of attorney
for the estate so I can take control of the upkeep of the land.
Need to get my name on the deed, Was advised a Quit claim deed was the way to go, tryed to do it and your system says that I need to see an attorney.
Mom's house is in her name only, and the living trust has my sister and I as legal airs....
Any Ideas?
Thanks
Chris
Submitted by on Apr 7, 2011 - 8:40AM
Hi Chris, thank you so much for contacting us. We apologize for the inconvenience, but at this time we cannot assist in quitclaim deeds where all current titleholders are deceased. You can contact the county recorder's office to see what options are available to you, or an attorney may be able to give you legal guidance on this matter. If you would like assistance in searching for an attorney for these types of documents, please refer to http://attorneyconnect.legalzoom.com
Submitted by on Mar 30, 2011 - 9:48PM
My parents have a loan on the house that I live in and I pay for. They live in the house that I have loan for but they make the payments. What is the best way to get their name on the house I own and vise versa?
Thank you,
Frank
Submitted by on Apr 22, 2011 - 4:12PM
Hi Frank, thanks for your question. While we can't advise you as to what would be best for your specific situation, do know that here at LegalZoom we offer a Real Estate Deed transfer service where we can make it easy to add or remove names on a deed. For more information, please visit http://www.legalzoom.com/real-estate-deed-transfer/real-estate-deed-tran.... If you find that the Real Estate Deed transfer services do not suit your needs, you can refer to http://attorneyconnect.legalzoom.com to search for an attorney to assist you.
Submitted by on Jun 5, 2011 - 5:33AM
Shared drive for 70+ years. Former neighbor put up a fence and closed it. Died and then sold, new owner said tear the fence down. I did. Several years now, however she is going into foreclosure.She is out of town. I need to get her to sign an easement for the drive. Can I get a form to mail to her and how long into foreclosure can she sign?
Submitted by on Jun 23, 2011 - 7:01AM
Hi Mary, thanks for thinking of LegalZoom. We unfortunately don't offer forms for easement, and we can't give advice about foreclosure matters. If you'd like to get advice on this, you can get free legal advice on the LegalZoom Facebook page every Friday. Check out Free Joe Friday: http://zoo.mn/FreeJoe.
Submitted by on Sep 19, 2011 - 12:36PM
I owe on a timeshare that I just need to get out of for financial reasons. Is a quit claim deed the best to file? I quit paying and they get the time share back. Or is there more to it than that? Thanks for your help.
Submitted by on Oct 14, 2011 - 5:38AM
My in-laws are of advancing age and have a rental property that they have owned free and clear for 10 years. Can they use a quit claim deed to transfer ownership of the property to their children without paying anything more than the court fees for filing the deed?
Submitted by on Dec 31, 2011 - 7:26AM
I would like to forclose on a mortgage that I own in NY State. Because of the small dollar amount owing on the mortgage, it does not pay to retain a lawyer. Can I proceed on my own? Do you have the necessary forms?
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