Create Your Free Quitclaim Deed

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Create Your Free Quitclaim Deed

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  2. Email, download or print instantly
  3. Just takes 5 minutes

Quitclaim Deed

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Frequently Asked Questions
Can the same person both transfer and receive title?Yes, a person can be both a grantor (transferring the title) and grantee (receiving the title). This is common when a property owner wants to add a family member to the title.

For example, if Jack married Anne and wants to put Anne on the title of Jack's home, Jack would be the grantor and Jack and Anne would be the grantees.

If you are both receiving and transferring, it doesn't matter what order you complete the questionnaire in. Include your details under both parties.


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: __________________________

Last updated May 17, 2022

What is a Quitclaim Deed?

A Quitclaim Deed is a document that transfers ownership of real property, such as a house or piece of land, without a guarantee of ownership. Using a Quitclaim Deed form is a fast and straightforward way to transfer an owner's property interest to another party.

Because there's no guarantee of ownership, Quitclaim Deeds are most often used between people who have a trusted and established relationship, such as family members. In addition, Quitclaim Deeds are mostly used for transactions that don't involve payment.

A Quitclaim Deed is also known as a non-warranty deed. People commonly misspell this document as "quick claim” deed.

How does a Quitclaim Deed work?

A Quitclaim Deed works by allowing the owner to transfer residential or commercial real property to a recipient without making assurances that the title is clear of any defects. Without a guarantee of ownership, another party, such as a bank or other lender, could have a legal claim on the property title without the recipient knowing.

If a recipient receives real property through a Quitclaim Deed form and the title ends up having a defect, the transferring party can't be held liable for any damages the recipient experiences.

Therefore, this type of deed offers no protection for recipients. It's for this reason that Quitclaim Deeds are most common for property transfers between people who have established, trusted relationships.

Alternatively, a Warranty Deed provides protections for buyers and recipients of real property.

When can I use a Quitclaim Deed?

You can use a Quitclaim Deed for a variety of situations. Most often, Quitclaim Deeds are used to:

  • Transfer property interest to a family member, such as a child or spouse
  • Transfer property interest from a trust to an heir
  • Transfer property interest to an organization
  • Add a spouse's name to a title after marriage
  • Remove a spouse's name from a title during divorce
  • Remove a lien from a title
  • Fix a defect on a property title, such as a misspelled name

Although it's less common, Quitclaim Deeds can also be used when you're selling and transferring a title to a buyer. Due to the lack of warranties for the buyer, Quitclaim Deed forms are only suitable when buyers have 100% trust in the seller.

What's a Quitclaim Deed with the right of survivorship?

A Quitclaim Deed with the right of survivorship allows multiple people to receive and jointly own real property and ensures that after a joint owner dies, the property title automatically transfers to the surviving owner(s) without having to go through probate. When one joint owner remains, they have sole ownership of the property.

For example, if spouses jointly own property with the right of survivorship and one of them passes away, the surviving spouse automatically inherits the deceased spouse's interest in the property without having to go through probate.

Our Quitclaim Deed template does not give you the option to include the right of survivorship. However, you can create a Survivorship Deed if you want to transfer property to multiple people who will each have the right of survivorship.

How do I fill out a Quitclaim Deed?

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

1. Name the parties

To complete a Quitclaim Deed, you must name the grantor and grantee. Either party can be an individual, corporation, or trust.

  • The grantor is the party that transfers interest in a piece of real property to another party. In other words, the grantor is the party whose name is currently on the title. Within a Quitclaim Deed, there may be more than one grantor if two or more parties co-own a piece of real property.
  • The grantee is the party who receives interest in a piece of real property from another party. Within a Quitclaim Deed, there may be more than one grantee if the property owner is transferring their interest to multiple parties.

It's possible for someone to be both a grantor and a grantee in a Quitclaim Deed. For example, if you are the sole owner of 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.

2. Establish consideration

Depending on your state, you may have to specify a price at which the recipient is paying for the piece of real property. This price is known as consideration.

In the context of a property transfer, consideration is money or something of value that a grantee gives a grantor in exchange for their property interest.

Often, people use Quitclaim Deeds when transferring property without the exchange of money. However, in order to create a binding agreement in most states, you still have to provide evidence of consideration.

Therefore, if you want to transfer property interest with a Quitclaim Deed and not charge for it, you can list a nominal amount, such as $10.00, as the sale price. If you are transferring property in California and use our Quitclaim Deed template, you do not have to specify a price.

3. Describe the property

Next, describe the property. Generally, this means providing your address and including the legal land description of the property.

You can obtain a legal land description for a property from your County Recorder's office or Registry Office. In some cases, you must also list a parcel ID number, which you can find on past tax statements. The legal land description of your property may also be found within your land title, tax assessment information, and mortgage agreement.

Quitclaim Deeds and divorce

When spouses jointly own real property and decide to divorce, they may reach an agreement that one spouse will reside in the property and acquire sole ownership. Generally, some type of financial buyout will be negotiated. In these cases, one spouse transfers their half of the ownership to the other.

If you and your spouse agree on who should retain property ownership, a Quitclaim Deed is the easiest way to change the joint ownership into sole ownership during a divorce.

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

How do Quitclaim Deeds affect mortgages?

A Quitclaim Deed does not affect the names on a mortgage despite changing the names on a land title and transferring title ownership. In other words, a Quitclaim Deed does not eliminate one's mortgage responsibilities.

If you have sole ownership of your house and add your new spouse to the title with a Quitclaim Deed, their name does not suddenly appear on your mortgage. Adding someone to a mortgage loan is usually not possible. If your spouse is going to share your loan, you have to refinance the mortgage in both your names.

Similarly, if you are divorcing your spouse with whom you share a mortgage and you remove your name from the title through a Quitclaim Deed, your mortgage lender may still hold you responsible for missed payments even though you are no longer on the title.

During divorce proceedings and the division of property, a court may decide that your ex-spouse is solely responsible for all future mortgage payments if they retain the marital home.

Does a Quitclaim Deed need to be notarized?

Yes, Quitclaim Deeds need to be notarized. To execute the Quitclaim Deed, you need to sign the deed in front of an in-person or online notary public. In addition to notarization, some states also require witnesses to sign the deed.

How do I file a Quitclaim Deed?

Once you create, sign, and notarize a Quitclaim Deed, you must file it with your local County Clerk or Registry Office. Filing your deed ensures that it becomes part of the public record, thus if the Quitclaim Deed is ever lost, the grantee will be listed as the legal owner of the property.

How long is a Quitclaim Deed good for?

Generally, Quitclaim Deeds are permanent. Therefore, 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.

Related Documents:

  • Warranty Deed: Transfer property with the guarantee of a clear title.
  • Survivorship Deed: Ensure that a joint tenant receives the remaining property interest when the other passes away.
  • Contract for Deed/Land Contract: Outline a seller-financed real estate transaction in which the seller retains the property title until the buyer pays them back.
  • Gift Deed: Transfer a gift of money, shares, stocks, real property, or personal property to another party.
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Quitclaim Deed

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