Quitclaim Deed (Short Form)
What is this form?
The Quitclaim Deed (Short Form) is a legal document used to transfer ownership of real property from one party to another without any warranties or guarantees. This means the grantor (the person giving up the property) does not make any promises about the title or its status. It is often used in situations such as transferring property between family members or correcting a title issue. This form differs from other types of deeds, such as warranty deeds, which assure the grantee of clear title and the absence of any encumbrances.
Key components of this form
- Grantors: Individuals or entities transferring property ownership.
- Grantee: The party receiving the property.
- Property description: A detailed description of the real estate being transferred.
- Consideration: The value exchanged for the property, which could be monetary or otherwise.
- Date: The date when the deed is executed.
- Acknowledgments: Signatures and possibly witness requirements to validate the deed.
When to use this form
This form is typically used in scenarios where a property owner wants to transfer ownership quickly and without the burden of proving the title's validity. Common situations include transferring property to a spouse or family member, settling estate matters, or rectifying clerical errors in property records. It is also suitable for property transfers in divorce settlements or gifting property.
Who this form is for
- Homeowners wishing to transfer property to family members.
- Individuals settling an estate that requires property division.
- Married couples who want to clarify ownership during a divorce.
- Property owners correcting issues in their title records.
How to complete this form
- Identify the parties: Clearly state the names of both the grantors and grantee.
- Specify the property: Provide an accurate description of the real estate being transferred.
- Enter consideration: Document the valuable consideration exchanged for the property.
- Add the date: Indicate the date of execution to formalize the transaction.
- Complete acknowledgments: Sign the form in the presence of a notary or as required by local laws.
Is notarization required?
This document requires notarization to meet legal standards. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available 24/7.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Mistakes to watch out for
- Failing to provide a complete property description, leading to confusion about what is being transferred.
- Not having the deed notarized if required by state law.
- Omitting to include the consideration amount, which can invalidate the transfer.
- Incorrectly identifying the grantor or grantee, which can create legal issues later.
Advantages of online completion
- Convenience: Download and complete the form at your own pace.
- Editability: Easily fill in or revise details as needed before finalizing.
- Reliability: Access legal forms drafted by licensed attorneys, ensuring you have a properly structured document.
What to keep in mind
- The Quitclaim Deed (Short Form) is ideal for transferring property with no warranties of title.
- Use this form in family transfers, estate settlements, or correcting title issues.
- Complete each section carefully to avoid common mistakes.
- Check state-specific requirements for any unique regulations regarding property transfers.
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FAQ
The grant deed is the most common instrument of conveyance in California. It may be written or typed, but is valid as long as it lists a grantor and a grantee, a description of the property being transferred and a statement transferring an ownership interest from the grantor to the grantee.
Fill out the form. Complete the form using a typewriter or by printing neatly using black ink. Sign in front of a notary. Get a Preliminary Change of Ownership Report (PCOR). File the forms. Give the deed to the grantee.
Research quit claim deed requirements in your area. Obtain the proper form. Get a legal description of your property. Fill out the form. File the form with the county. When to Use a Quit Claim Deed. Questions?
When done properly, a deed is recorded anywhere from two weeks to three months after closing. However, there are many instances where deeds are not properly recorded. Title agents commit errors, lose deeds, and even go out of business. Even county offices sometimes fail to record deeds that were properly submitted.
A person who signs a quitclaim deed to transfer property they do not own results in no title at all being transferred since there is no actual ownership interest. The quitclaim deed only transfers the type of title you own.
The Quit Claim Deed form uses the terms of Grantor (Seller or Owner of said property) and Grantee (Buyer of said property) for the two parties involved. First, the parties must fill in the date. Then, write in the name of the county and state in which the property is located.
Quitclaim deeds are most often used to transfer property between family members. Examples include when an owner gets married and wants to add a spouse's name to the title or deed, or when the owners get divorced and one spouse's name is removed from the title or deed.
Write the Deed Fill out the quit claim deed form, which can be obtained online, or write your own using the form as a guide. The person giving up the interest in the property is the grantor, and the person receiving the interest is the grantee.
Filing a quitclaim deed is a right of any property owner. You can file a quitclaim deed without refinancing your mortgage, but you are still responsible for the payments. Transferring the mortgage without refinancing is possible through an assumption of the loan, which requires lender approval.
