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Quitclaim Deed

Create your Quitclaim Deed


Create your Quitclaim Deed

Virginia

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Different states have different rules and regulations. Your Quitclaim Deed will be customized for Virginia.


Frequently Asked Questions
What is a Quitclaim Deed?A Quitclaim Deed is used to transfer ownership in a piece of property to another person without guaranteeing that the current owner (grantor) holds the property with clear title.

A quitclaim is commonly used between spouses or parties that know each other.
When should I use a Quitclaim Deed?A Quitclaim Deed is commonly used between spouses or parties that know each other because it does not guarantee the owner currently holds the property with a clear title.

Use a Warranty Deed if you want the owner (grantor) to guarantee that they own the title free and clear of defects and encumbrances.


Your Quitclaim Deed

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Recordation tax exemption pursuant to Code of Virginia section ___________________
Grantee Name: ___________________
                             Grantee Address: ___________________
                             

PIN or Property Identification Number/Tax Map Number: ___________________
Deed Prepared By: __________________________
Address: __________________________
After Recording, Mail to:
____________________________
____________________________

Quitclaim Deed

This Quitclaim Deed, made this ________ day of ________________, ________, by and between ___________________, not married, of ___________________, (the "Grantor"), and ___________________, not married, of ___________________, (the "Grantee")

WITNESSETH, that in consideration of the sum of $___________ the Grantor does hereby remise and release, as well as quitclaim, unto the Grantee, as the sole tenant, in fee simple, all that piece or parcel of land, together with the improvements, rights, privileges and appurtenances to the same, situated in the County of ___________________, Commonwealth of Virginia, described as follows:

________________________________________________________
               ________________________________________________________
               ________________________________________________________
.

The Grantor attests for the Grantee and the Grantee's heirs and assigns that at and until the ensealing of these presents, the Grantor is well seized of the above described premises, as a good and indefeasible estate in fee simple.

WITNESS the hand and seal the day and year first hereinbefore written.

Signed in the presence of:

_________________
Signature
_________________
Name

 
 

_________________
                                                   ___________________

 
 

Grantor Acknowledgement


COMMONWEALTH OF VIRGINIA

COUNTY OF ____________________

I ____________________________, a Notary Public in and for the said County and State, hereby certify that ___________________, having signed this Quitclaim Deed, and being known to me (or whose identity has been proven on the basis of satisfactory evidence), acknowledged before me on this day that, being informed of the contents of the conveyance, the Grantor has executed this Quitclaim Deed voluntarily and with lawful authority.

Given under my hand and seal, this ________ day of ________________, ________.


_______________________________
Notary Public for the Commonwealth of Virginia

County of _________________________

My commission expires: __________________________

Quitclaim Deed

What is a Quitclaim Deed?

A Quitclaim Deed, also known as a non-warranty deed, transfers a property owner’s interest to another person without guaranteeing that the owner has full rights to the property. This means that there could be other claims on the property title. For this reason, people who trust each other, such as family members, often use this type of deed.

Alternatively, a Warranty Deed provides protections for the new owner. People mostly use Warranty Deeds in property sales to guarantee that the grantor has clear and complete interest in the property title. A Warranty Deed also ensures that a property is free of all liens.

In short, creating a Quitclaim Deed is a quick way to transfer property interest to someone else. Quitclaim Deed is sometimes misspelled as "quick claim deed."

What is a property title?

The title of a property refers to all the rights of property ownership, including the owner's ability to sell the property or transfer interest in it through a deed. When using a Quitclaim Deed, there are no warranties or guarantees that a property owner has full rights to the property title.

What does a Quitclaim Deed do?

A Quitclaim Deed transfers ownership in a property without making warranties. If you have sole ownership of a property, you may use a Quitclaim Deed to:

  • Add a spouse's name to a property title
  • Transfer property to a child, sibling, or another family member
  • Transfer property to a Limited Liability Corporation (LLC)
  • Bequeath property to someone in a Last Will upon death

If you have joint ownership of a property, you may use a Quitclaim Deed to:

  • Transfer your property interest to a child, sibling, or another family member
  • Transfer your property interest to a business partner
  • Remove a spouse's name from a property title after divorce

If multiple people jointly own property, each person only has partial ownership rights and can’t transfer the full property title to someone else. Instead, they can only transfer their property interest to another person. For example, if two people jointly own property, each person can only transfer their respective half of the property interest to another person.

Who are the parties in a Quitclaim Deed?

The parties within a Quitclaim Deed are as follows:

  • Grantor: the party who gives the interest that they hold in the property to someone else
  • Grantee: the party who receives the interest in a property from the grantor

It’s possible for someone to be both a grantor and a grantee in a Quitclaim Deed. For example, if you currently hold the property title to your home and want to transfer half of the interest to your new spouse, you would list yourself as both the grantor and a grantee and your spouse as only a grantee.

How do I fill out a Quitclaim Deed?

Generally, you can create and execute a Quitclaim Deed by completing the following steps:

  • List the grantor(s) and grantee(s): Grantors and grantees can be individuals or corporations.
  • Determine consideration: Consideration is the price the grantee pays the grantor for the property interest. You must list an amount for consideration to have a valid agreement. Even if the transfer is a gift, you must list a small amount, such as $10.
  • Describe the property: Include the legal description of the property. Find this description on an old deed or at your local County Clerk or Registry Office. In some cases, you must also list a parcel ID number, which you can find on past tax statements.
  • Execute the deed: The grantor needs to sign the deed in front of a notary public. Some states also require witnesses to sign the deed. Once signed, file the deed with the local County Clerk or Registry Office. The office will record the deed then send it to the grantee.

Does a Quitclaim Deed remove me from the mortgage?

Although you can use a Quitclaim Deed to remove your name and ownership rights from a property title, it does not eliminate your responsibility for the mortgage.

If you transfer your ownership stake to your ex-spouse and your name is still on the mortgage, the bank may still hold you responsible for missed payments. During divorce proceedings, a court may decide that your ex-spouse (who retains property ownership) is solely responsible for all future mortgage payments. Contact your mortgage provider once your divorce is complete to remove your mortgage obligations, as you’ll no longer have any interest in the house.

Can I revoke or cancel a Quitclaim Deed?

Generally, you can’t cancel a Quitclaim Deed. Once you file and notarize a deed, you can’t revoke it unless a court decides that you created it under undue influence from another person, such as the grantee.

Depending on your relationship with the grantee, they may agree to transfer the property back to you if you’ve already filed and notarized your deed but want to revoke it.

Should I use a Quitclaim Deed during a divorce?

If you’re separating from or divorcing your spouse with jointly owned property, you can use a Quitclaim Deed to change the joint ownership into sole ownership. Completing a Quitclaim Deed form transfers the property title to the spouse that will retain the property.

If you and your spouse agree on who should retain property ownership, a Quitclaim Deed is often the fastest way to transfer the property title.

The spouse who obtains sole ownership of the property can sell or mortgage the property without the approval or consent of their ex-spouse. Sole ownership also allows them to include the property in their Last Will and Testament.

Is using a Quitclaim Deed secure?

Generally, a Quitclaim Deed is safest for property transfers or low-risk transactions between people who know and trust each other. If you’re obtaining property or property interest from someone you don’t know well, you likely want assurance of their ability to transfer the title to you. You can obtain assurance with a Warranty Deed.

Do I need to take a Quitclaim Deed to a notary?

Yes, to execute the Quitclaim Deed, the grantor needs to sign the deed in front of a notary public. In addition to notarization, some states also require witnesses to sign the deed. Once it has been signed, the deed should be filed with your local County Clerk or Registry Office.

Related Documents:

  • Warranty Deed: a deed that transfers property with the guarantee of a clear and good title
  • Survivorship Deed: a deed that ensures that a surviving spouse receives the remaining interest in a title upon the passing of their significant other
  • Contract for Deed/Land Contract: a contract that outlines a real estate transaction in which the seller delivers the property title once the buyer pays the balance in full
  • Gift Deed: a deed that transfers a gift to another person

Frequently Asked Questions:

Quitclaim Deed FAQ
Sample Quitclaim Deed

Sample

Quitclaim Deed

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