- Quit Claim Deed
- A legal instrument (document) which is used to transfer (convey) rights in
real property from one entity (the grantor) to another
(the grantee). This type of real estate deed only
transfers the interest that the grantor currently holds
in the property to the grantee. Commonly used in transfers of title or
interests in title, quit claims are often
made to family members, divorcing
or recently married spouses, LLCs,
corporate entities, trusts, or in other transactions
between people well-known to each other.
This type of deed is sometimes incorrectly referred to
as a "Quick Claim Deed."
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Common Uses
- Real Estate Transfers Between Family
Members. Quit Claim Deeds are often used to
transfer property to and from family
members. Transfers between parents and
children, between siblings, and between
other closely related family members are
easily done with this type of deed.
- Adding Or Removing A Spouse From Title.
Whether resulting from a divorce or a
marriage, a real estate owner can use a quit
claim deed to add a spouse to or remove a
spouse from the title of the property.
- Transferring Real Estate To An LLC Or
Corporation. With holding of real estate in
the protection of LLC's and Corporations
becoming more common, so are quit claim
deeds. Corporate transfers are usually done
with this type of deed as it is generally a
transfer between closely related entities.
- Transferring Real Estate To A Trust. As
with corporate transfers of real estate,
transfers to a Trust are equally common.
Family planning that deals with property
meant to carry on through generations often
involves an initial transfer from a family
member into a trust.
- Removing A Cloud On Title For Title
Insurance. In the process of insuring title
to real estate title companies may find a
"cloud" in the title. Generally this means
that there appears to be someone may or may
not have an interest in a property that has
not been accounted for and it is causing a
break in the chain of title. It is common
for the company insuring the title to
require the person in question to quit claim
their interest in the property prior to
issuing the title insurance.
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Elements Of A Quit Claim Deed
While each County has specific formatting
requirements for the recording of documents there are main elements that
are common to all real estate deeds.
- Title. The title of a legal document
tells the world what type of document it is.
In this case the title is "Quit Claim Deed"
- Executed Date. This is the date that the
legal document was completed, signed, and
executed.
- Grantor. This is the person or persons
that is transferring their rights to the
real estate to someone else. For the purpose
of a quit claim deed the term "person" can
refer to a natural person, an LLC, a
Partnership, a Corporation, a Trust or
Trustee, or any other entity that can
legally own real estate.
- Grantee. This is the person that is
receiving the rights to the real estate that
are being transferred. Again here, the term
"person" refers to any entity that can
legally own real estate.
- Habendum. This is the meat of the deed,
the legal speak which actually transfers the
rights to the property. Generally it is a
phrase similar to: "...does hereby remise,
release and quitclaim unto the said Grantee
forever, all the right, title, interest and
claim which the said Grantor has in and to
the following described parcel of land, and
improvements and appurtenances thereto..."
- Consideration. This is what the Grantee
gives to the Grantor in return for the
rights to the property. While in some cases
a deed may be enforceable without
consideration it certainly muddies the
water. It's a good idea to check with a tax
accountant before transferring real estate
with a "no consideration" or "gift" deed as
there may be tax issues.
- Legal Description. Here is where the
description of the property being
transferred is listed. The format of the
legal description varies from state to
state. The types of legal descriptions are:
metes and bounds, rectangular survey, and
lot and block. The "lot and block" legal
description is the most common however it
depends on your state. A typical lot and
block description looks like: "QCD SUBDIVISION, 2ND AMD, LOT 112 BLOCK
3".
- Signatures. Most states require only the
Grantor to sign the deed and for it to be
delivered to the Grantee for it to be valid.
Grantor's signatures usually must be
notarized and in some rare cases separate
witnesses must also witness the Grantor
signing.
- Prepared By.
This section lets the world know who
prepared the quit claim deed. Generally this
is the Grantor or an attorney.
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Recording
In most states your quit claim deed is
considered complete, or executed, once it has been signed by
the grantor AND delivered and accepted by the
grantee. Recording the deed is not required by
law in most states in order for the transfer
from the seller to the buyer to take place.
However, in order for you to be covered and to
protect yourself from future claims on the
title, you should record the deed with your
local recorder or register of deeds. This should
be done as soon after the delivery and
acceptance of the grantee as possible. Once a
quit claim deed is recorded it becomes part of
the property's "chain of title" and solidifies
the point in time in which the grantee received
an interest in the property. |
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General Information
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Quit Claim Document Requirements for Nelson County
May 16, 2012, 9:29 am ...the County Recorder in the county where the land is located.
Requirements:
1. A document should be submitted on letter (8.5x11 inches) or legal (8.5x14 inches) size white paper.
2. Printing should be single-sided only.
3. Printing, typing, or handwriting must be legible in order to be recorded. Generally, a font size of at least 10 point should meet this requirement. Black ink should be used.
4. On the first or last page of a document, a space of at least 4x3 inches should be provided. This should be in the upper right corner and is to be left blank. If this space is not provided, t... |
Information Regarding Preparation and Recording of Brookings County Quit Claim Deeds
May 15, 2012, 5:17 pm ...prevail over a prior unrecorded warranty deed. Every conveyance of real property other than a lease for a term not exceeding one year is void as against any subsequent purchaser including an assignee of a mortgage, lease, or other conditional estate of the same property, or any part thereof in good faith and for a valuable consideration whose conveyance is first duly recorded.
DOCUMENT STANDARDS
A quit claim deed document shall consist of the following:
• one or more individual sheets of white paper measuring no larger than 8.5x14 inches and no smaller than 8.5x11 inches. Printed ma... |
Knox County Tennessee Quit Claim Document Preparation and Recording Requirements
May 15, 2012, 9:55 am ...d in the county where the land is situated. If the land is situated in two or more counties, it may be recorded in either. If there are several tracts of land lying in different counties, the document shall be registered in each county where any of the tracts lie.
Formatting a quit claim deed:
• Documents should be submitted on 8.5x11 inch white paper or 8.5x14 inch white paper.
• The first page should have a 3 inch top and bottom margin. Other margins on the first page and on subsequent pages should be 1 inch.
• Black ink should be used, with a font size of 10 point.
... |
Flathead County Montana Transfer Instrument Guidelines and Requirements for Recording
May 14, 2012, 3:42 pm ... having been recorded before April 28, 2007 is accepted for recording as a standard document.
How to format your quit claim deed:
• It should be submitted on 8.5x11 white paper or 8.5x14 inch white paper.
• Printing or typing should be in black or blue ink. If an entire document is legibly printed in blue or black ink and meets all other requirements, it is a standard document. A whole document that is written in cursive is nonstandard.
• At the top of the first page, the top margin should be 3 inches. At the top and bottom of subsequent pages, include a 1 inch margin. ... |
Preparing and Recording Compliant Real Estate Transfer Documents in Portage County
May 14, 2012, 1:05 pm ... formatting guidelines:
1. Paper size of 8.5x11 inches or 8.5x14 inches.
2. Computer font size of at least 10 point. Font should be Times New Roman, Helvetica, or Palatino.
3. Black or blue ink only.
4. 3-inch margin on the top of the first page. This is reserved for the recorder, auditor, and engineer.
5. 1 ½ inch margin at the top of each remaining page.
6. 1 inch bottom and side margins for each remaining page.
7. No use of highlighting.
Quit claim deeds that do not meet these general requirements will be considered nonstandard. An additional recording fee of $20 will be c... |
Recordable Document Standards for Cerro Gordo County
May 14, 2012, 11:16 am ...matting Standards in order to comply with national standards.
The following requirements apply to a quit claim deed:
• It should consist of one or more individual pages with printing on one side only. A page should be 8.5x11 inches or 8.5x14 inches. Paper should be white, of 20 pound weight, and free from watermarks or inclusions. A document may be stapled for presentation for recording.
• All pre-printed text should be at least 8 point font. All other typed or computer generated text should be at least 10 point font.
• The first page should have a top margin of at least 3 ... |
Douglas County Document and Recording Standards
May 14, 2012, 8:45 am ...icient to pass all the estate which the grantor could lawfully convey by a deed of bargain and sale.
Documents may be mailed or taken to the County Clerk’s office for recording. If mailing your document, include a self-addressed stamped envelope. Documents taken to the County Clerk’s office in person will be recorded immediately and returned. Reedsport residents may take their documents to the Douglas County Annex in Reedsport.
STANDARDS FOR RECORDING
• Documents must be on white paper no larger than 8.5x14 inches and no smaller than 8.5x11 inches.
• The font should be... |
Quit Claim Preparation and Recording in Mayes County Oklahoma
May 11, 2012, 11:40 am ...Deeds in Mayes County, Oklahoma. Real property documents should pertain to property located within that county.
A quit claim deed shall convey all the right, title, and interest of the maker thereof in and to the premises therein described.
A quit claim deed must conform to the following standards:
• Must be originals or certified copies of originals.
• Must be clearly legible and in English.
• Should be on paper no larger than 8.5x14 inches.
• Include a legal description of the real property.
• If the instrument contains more than 25 legal descriptions requiring separa... |
Jasper County Requirements for Preparing and Recording Quit Claim Deed Forms
May 11, 2012, 11:06 am ...shall be sufficient to pass all the estate or interest the grantor has in the land conveyed, and shall estop the grantor and his heirs from asserting a subsequently acquired adverse title to the lands conveyed.
A quit claim deed must conform to the following standards in order to be recorded without additional fees:
• Paper size of 8.5x11 inches, not permanently bound or in a continuous form. Pages of a document may be stapled together.
• Paper should be white and not less than 20 pound paper.
• Printing on one side only. All text should be of sufficient color and clarity to... |
Cape Girardeau County Quit Claim Deed Preparation and Recording Information
May 11, 2012, 10:13 am ... with the Recorder of Deeds, the content must pertain to property located in Cape Girardeau County. Documents can be mailed or dropped off at the Recorder of Deeds office.
Quit claim deed documents signed after 2002 must meet statutory formatting requirements:
• A standard paper size of 8.5x11 inches.
• Paper must be white, #20, and without watermarks or logos.
• No continuous forms or permanent binding.
• Documents may be stapled; however, paper clips are preferred.
• Black or dark ink should be used for printing. Printing should be single-sided only.
•... |
Wyoming State Statute Regarding the Form and Effect of Quit Claim Deeds
May 10, 2012, 1:08 pm ...d in the foregoing section [34-2-104], when otherwise duly executed, shall be deemed and held a sufficient conveyance, release and quit claim to the grantee, his heirs and assigns, in fee of all the then existing legal or equitable rights of the grantor in the premises therein described, but shall not extend to after acquired title unless words are added expressing such intention.
34-2-106. Form of quit claim deed; effect without word “release”.
A deed of quit claim, without the use of the word “release” shall be sufficient to pass all the estate which the grantor could lawfully c... |
Form and Construction of Quit Claim Deeds in Wisconsin According to Statute
May 10, 2012, 12:56 pm ... in common use in this state on July 1, 1971, shall have the same operation and effect under this chapter as formerly, except as this chapter may expressly provide to the contrary; but this section shall not preclude the adoption or use of other, different or more concise forms which conform to the requirements of this chapter.
(2) No conveyance shall be void for the reason that at the time of delivery thereof such lands are in actual possession of a person claiming under title adverse to the grantor.
(3) In conveyances of lands words of inheritance shall not be necessary to create or co... |
How the Term Quit Claim Effects a Real Estate Deed According to West Virginia State Statutes.
May 10, 2012, 11:35 am ...ffect of words of release in a deed.
Whenever, in any deed, there shall be used the words "The said grantor releases to the said grantee all his claims upon the said lands," or words of like import, such deed shall be construed as if it set forth that the grantor or releasor hath remised, released, and forever quitted claim and by these presents doth remise, release, and forever quit claim unto the grantee or releasee, his heirs and assigns, all right, title and interest whatsoever, both at law and in equity, in or to the lands and premises granted or released, or intended so to be.... |
Form and Effect of a Quit Claim Deed in Washington as Defined by State Statute
May 10, 2012, 11:26 am ...im deed — Form and effect.
Quit claim deeds may be in substance in the following form:
The grantor (here insert the name or names and place of residence), for and in consideration of (here insert consideration) conveys and quitclaims to (here insert grantee's name or names) all interest in the following described real estate (here insert description), situated in the county of . . . . . ., state of Washington. Dated this . . . . day of . . . . . ., 20. . .
Every deed in substance in the above form, when otherwise duly executed, shall be deemed and held a good and sufficient conve... |
Virgina State Statutes Allow for Husband and Wife to Own Real Property as Tenants by the Entireties
May 10, 2012, 11:12 am ...enants by the entireties according to state statutes.
Virginia State Statute 55-20.2: Tenants by the entireties in real and personal property; certain trusts.
A. Any husband and wife may own real or personal property as tenants by the entireties. Personal property may be owned as tenants by the entireties whether or not the personal property represents the proceeds of the sale of real property. An intent that the part of the one dying should belong to the other shall be manifest from a designation of a husband and wife as "tenants by the entireties" or "tenants by the entirety."
B. An... |
Statutes Regarding Conveyance of Real Property in Vermont using Deeds
May 10, 2012, 10:56 am ...G REALTY
27 V.S.A. 301 (2012)
301. Manner of conveying
Conveyance of land or of an estate or interest therein may be made by deed executed by a person having authority to convey the same, or by his attorney, and acknowledged and recorded as provided in this chapter.
302. Effect of oral conveyance
Estates or interests in lands, created or conveyed without an instrument in writing shall have the effect of estates at will only. An estate or interest in lands shall not be assigned, granted or surrendered unless by operation of law or by a writing signed by the grantor or his at... |
The Form of Quit Claim Deeds in Utah as Outlined in State Statutes
May 10, 2012, 10:38 am ... the following form:
"QUIT CLAIM DEED
____ (here insert name), grantor, of ____ (insert place of residence), hereby quitclaims to ____ (insert name), grantee, of ____ (here insert place of residence), for the sum of ____ dollars, the following described tract ____ of land in ____ County, Utah, to wit: (here describe the premises).
Witness the hand of said grantor this __________(month\day\year).
A quit claim deed when executed as required by law shall have the effect of a conveyance of all right, title, interest, and estate of the grantor in and to the premises therein de... |
Texas Statute Regarding the Form of an Instrument of Conveyance
May 10, 2012, 10:29 am ...estate for more than one year, in land and tenements, must be in writing and must be subscribed and delivered by the conveyor or by the conveyor's agent authorized in writing.
Sec. 5.022. FORM. (a) The following form or a form that is the same in substance conveys a fee simple estate in real property with a covenant of general warranty:
"The State of Texas,
"County of ____________________.
"Know all men by these presents, That I, __________________, of the __________________ (give name of city, town, or county), in the state aforesaid, for and in consideration of _________ dollars, to... |
Jessamine County Recording and Preparation Requirements for Quit Claim Deed Forms
May 10, 2012, 10:07 am ...on file at the County Clerk’s Office.
The quit claim deed must meet these general requirements:
• Paper should be 8.5x11 inches, white, and of sufficient weight.
• The first page should have a top margin of at least 2 inches. All other margins are a minimum of 1 inch.
• The text of the document shall be a minimum of 8 point font. Black ink should be used.
• All signatures should have a corresponding name written beneath them.
Additional requirements:
• First and second party names and addresses.
• A completed consideration statement. This is sign... |
Misdemeanor in Tennessee to quit claim a Property if you Have no Legal or Equitable Interest
May 9, 2012, 9:50 am ... knows that they have no legal or equitable interest in the property being transferred. There are a lot of circumstances where this could be a problem. Many times quit claims are used to clear up a perceived cloud on title, the grantor may or may not have an interest in the property but the quit claim is required to appease a title insurance issuer or lender, this could be a misdemeanor.
Tennessee State Statute:
66-3-104(b) Any person who transfers or applies for recordation of any transfer of land by execution of either a general warranty deed or quitclaim deed, or any other devise, wit... |
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