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If you have real estate in California that you want to convey or transfer to someone, you can use either a quitclaim deed or a warranty deed.
In a quitclaim deed, the rights of one party pass to another party, called the grantor and grantee, respectively. As a spouse, you give up your interest in the property when you sign a quitclaim deed. This means that you no longer have a legal right to it.
Laws & Requirements Statute: Arizona Revised Statutes Section 33-402: Arizona recommends that a quitclaim deed should include ?quitclaim,? consideration, and property description. Signing Requirements: Arizona Revised Statutes Section 33-401: The grantor's signature must be notarized.
Signing Requirements § 47-1-44: a New Mexico quitclaim deed requires grantor(s) signature and notary acknowledgment. Recording Requirements § 14-9-1: The County Clerk records quitclaim deeds. File in property county with fees per § 14-8-15 ($25/document).
Our fee is only $199 for the Quit Claim deed, for any county in Arizona- professionally prepared and guaranteed. There is a $51 filing fee, in addition to our fee.
If you're the spouse receiving the property, once you remove your ex's name and the property is transferred to you by quitclaim deed, you own all of it. You should review your prior deeds or have an attorney review them for you to help ensure there are no defects in the title.
An Arizona quitclaim deed form must also include the elements that are common in most Arizona deeds, including a valid legal description, statement of consideration, and a description of the manner in which co-owners will hold title.
Due to this, quitclaim deeds typically are not used in situations where the property involved has an outstanding mortgage. After all, it would be difficult for many grantors to pay off a mortgage without proceeds from the sale of the property.