Quit Claim Deed Forms

If you need a quit claim deed form, USLegalforms has top quality property deed sample forms at affordable prices. Our quit claim deed sample is drafted according to the law in your state, unlike other online forms that are actually generic forms titled for each state. Each property deed sample is also regularly reviewed by attorneys for compliance with the latest legal changes. Whether you need a deed transfer for a house sale, tax deed sale, property auction sale, transfer to trust, divorce property settlement, commercial real estate listing, or any other need, we have the forms professionals trust.

How to Use a Quit Claim Deed Form

A quit claim deed sample form is one of the most popularly used documents to transfer a property title. You will also see it referred to as a quitclaim deed form template, or mistakenly called quick claim deed. In a real estate sale, a quit claim deed form is used to put the new owner on record as the titled owner by filing it in the property records of the county land recorder’s office. The current owners are called the grantors and the new owners are called the grantees.

Quit Claim Deed vs. Warranty Deed

  • This essential legal form is simply used to transfer property into the name of the new owner. Quit claim deeds make no guarantees of clear title the way a warranty deed does. There may be debts or liens attached to the property, defects in the title, restrictions on its use, or other circumstances that negatively affect the property’s value. Therefore, this type of property deed sample is often used in situations where claims on the property title aren’t an issue, such as:

    • 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

  • You will need some basic information to complete the form:

    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.

  • Once the deed is completed, the grantor(s) and grantee(s) must sign it in front of a notary public so it can be acknowledged. The acknowledged deed must then be filed in the records of the land recorders office of the county where the property is located. You may call the local office to inquire about applicable taxes, filing fees, and transfer fees.

    • Top Questions about Quit Claim Deed Forms

    • Can I do a quitclaim deed on my own?

      Absolutely, you can do a quitclaim deed on your own using the appropriate forms, as this process does not always require legal assistance. Ensure that you understand the requirements and ensure all necessary information is accurate. With user-friendly quitclaim deed forms from US Legal Forms, you can streamline this process and effectively manage your property transactions.

    • Why would you quit claim deed to yourself?

      You may choose to quitclaim deed to yourself for a variety of reasons, such as clarifying title issues or consolidating ownership. This process can help eliminate confusion about property ownership, especially if multiple people have claims. By using quitclaim deed forms from US Legal Forms, you can easily complete this process and maintain clear records for your property.

    • Can I transfer a deed without an attorney?

      Yes, you can transfer a deed without an attorney by using quitclaim deed forms, allowing you to complete the process independently. However, it is important to ensure that you follow local laws and regulations to avoid any complications. Utilizing resources from a service like US Legal Forms can help equip you with the right templates and guidance for making the transfer smoothly and correctly.

    • How do I fill out a quitclaim deed form?

      To fill out a quitclaim deed form, first gather the necessary information, such as the names of the grantor and grantee, the property description, and any identifying details. Next, accurately complete the form, ensuring all fields are filled out correctly. Lastly, sign the document in the presence of a notary public to validate the quitclaim deed. Using a reliable platform like US Legal Forms can simplify this process by providing customizable templates.

    • What is an example of a quitclaim?

      An example of a quitclaim would be a parent transferring their interest in a family home to their child using Quit Claim Deed Forms. In this case, the parent does not provide any warranty of ownership but simply relinquishes their claim to the property. This type of transaction can occur without the need for monetary compensation, making it an efficient way to handle family property matters. Always ensure that such transfers are done legally to avoid future complications.

    • What are the disadvantages of a quit claim deed?

      While Quit Claim Deed Forms provide a straightforward method to transfer property, they come with some disadvantages. They do not guarantee that the grantor holds clear title to the property, exposing the grantee to potential ownership disputes. Additionally, quit claim deeds may complicate future real estate transactions, as lenders often prefer warranty deeds. Be sure to understand these implications before using this type of deed.

    • What is the most common use of a quit claim deed?

      The most common use of Quit Claim Deed Forms is to transfer property between family members, such as in cases of inheritance or divorce. These forms are often used to remove or add a name on the property title without a sale taking place. Since it entails no warranties regarding ownership, it can simplify the process for those already familiar with one another. It serves as an effective tool in ensuring property rights are updated after personal changes.

    • How to properly fill out a quit claim deed?

      To properly fill out Quit Claim Deed Forms, begin by identifying the grantor, or person transferring the property, and the grantee, or person receiving the property. Clearly describe the property being transferred, including the address and parcel number. Ensure both parties sign the form in front of a notary public, as this adds legal validity to the document. Finally, record the completed form with the appropriate county office to make the transfer official.

    • Can you do a quit claim deed yourself?

      Yes, you can complete a quitclaim deed yourself using easy-to-follow templates. DIY completion is feasible, but it’s essential to ensure that the form meets all state requirements to be valid. Using Quit Claim Deed Forms available through US Legal Forms can help ensure you get it right, making the process straightforward and efficient.

    • Where can I get a copy of a quit claim deed?

      You can acquire a copy of a quitclaim deed from the county clerk or recorder’s office where the deed was recorded. Many offices have online databases that allow you to search for documents using property details. For a smoother experience, US Legal Forms can assist you in navigating these requirements and resources.

    Tips for Preparing Quit Claim Deed Forms

    Despite the popularity and daily use of Quit Claim Deed Forms, not all of them are signed because of mistakes. Think about reducing the risk of rejecting your records in order to save more time for performing more important tasks. Follow the tips below to learn more about deeds and prepare papers faster:

    1. Pick the proper template. Using a professionally-drafted draft is already half the battle. Firstly, choose the state you live in to stay compliant with your local rules. Then, go through various types of deeds, explore helpful notices, and find the one that matches your case in our comprehensive library.
    2. Collect all the required details. Most samples ask for information about a grantor, a grantee, a description of a document's subject matter, and a tax ID. However, some states want you to provide extra details in deeds like parties' addresses and marital statuses. Think about collecting it before preparing records.
    3. Indicate the subject. Write comprehensive information about the item of the deal. Indicate its location and condition, and other important information that will help to identify it evidently.
    4. Double-check abilities. Make certain a grantor has proper rights to grant, and a grantee is able to get them. Otherwise, your Quit Claim Deed Forms record will lose its credibility.
    5. Sign a sample. Deeds don't become legal until they are certified. If you have a Premium subscription on our platform, make use of the US Legal Forms connection with signNow eSignature to eSign a prepared warranty or quitclaim deed online without the need for leaving your house or office.