Quit Claim Deed vs. Warranty Deed

• Transferring real estate property into a trust
• Putting a spouse’s name on the deed as part of a property settlement in a divorce
• Adding a new spouse’s name on the title to a newlywed’s house deed
• Changing the form of joint ownership, such as converting tenants in common to joint tenants with right of survivorship, or creating a life estate
• Transferring property between family members
• Conveying title in a real estate sale or property auction resulting from a tax lien for property tax owed

How to Fill Out a Quit Claim Deed Form Template

1. The name and address information of the buyer(s)/grantee(s) and seller(s)/grantor(s).
2. The county name where the deed will be signed.
3. The volume, page, and document number in the land records of the county recorder’s office where the previous deed was filed. If it’s not found on the original deed or property sale papers, you can get this information from the county land recorder.
4. The property’s parcel number, street address, and legal description. You can locate the legal description on the original deed, mortgage papers, or call the county land recorder’s office.
5. The form of ownership if the property is transferred to more than one grantee. Joint owners can own real estate as tenants in common, tenants by the entirety, joint tenants with rights of survivorship, or community property.

• Tenants in common – This form of ownership allows separate management of the share of property owned by each owner/tenant. There is no right of survivorship, so if one owner dies without a will, his or her share will pass according to the state’s laws of intestacy. Each tenant can dispose of his or her separate interest in the property in any manner. Each owner can sell, will, assign, or otherwise transfer his or her share without the consent or signature of the other owner(s).
• Joint tenants – Each owner/tenant has an undivided, equal share of the property. The consent and signature of the other tenant(s) is required to transfer any share in the property, and all tenants are jointly responsible for maintaining and repairing the property. A right of survivorship exists, so that when a tenant dies, his or her share transfers automatically outside of the probate process to the remaining tenant(s).
• Tenants by the entirety - A joint tenancy between spouses is sometimes called a tenancy by the entirety. Tenancy by the entirety differs from other joint tenancies, due to the inability of one joint tenant to sever the ownership and differences in tax treatment. In some areas, to create a tenancy by the entirety, the deed must specify that the property is being transferred to the couple "as tenants by the entirety". In other jurisdictions, a transfer to a married couple is presumed to create a tenancy by the entirety, unless the deed specifies otherwise.
• Community property – Some estates, like California, allow real property to be held by a married couple as community property with a right of survivorship. This is similar to being joint tenants because the property will automatically transfer to the surviving spouse outside of probate when the first spouse dies. However, it has a tax advantage by allowing 100% of the property to receive a stepped up basis to fair market value at he time of death, rather than just 50% being stepped up if held as joint tenants.