This form is a Quitclaim Deed where the grantors are two individuals and the grantees are two individuals. Grantors convey and quitclaim the described property to grantees. The grantees take the property as tenants in common or as joint tenants with the right of survivorship. This deed complies with all state statutory laws.
South Carolina Quitclaim Deed - Two Individuals to Two Individuals
Category:
State:
South Carolina
Control #:
SC-020-77
Format:
Word;
Rich Text
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Description
Definition and meaning
A South Carolina Quitclaim Deed is a legal document used to transfer ownership of property from one party to another without guaranteeing that the title is clear of any encumbrances. It serves as a method for individuals, typically two, to relinquish any claim they may have to a specific property. This deed is often utilized in situations where the grantors wish to transfer their interest in real estate to the grantees, usually within personal relationships or agreements.
How to complete a form
Completing the South Carolina Quitclaim Deed involves several clear steps:
- Gather required information: Ensure you have the names and addresses of both the grantors and grantees, along with the legal description of the property.
- Fill out the form: Use either a computer or print the form and complete it by hand or typewriter.
- Obtain signatures: Both grantors need to sign the document in the presence of two witnesses, who will also need to sign.
- Notarization: Finally, the document must be notarized by a licensed notary public, confirming the authenticity of the signatures.
Who should use this form
The South Carolina Quitclaim Deed is ideal for individuals wishing to transfer property ownership without assumptions of clear title. This form may be suitable for:
- Family members transferring property as part of estate planning.
- Individuals giving property to friends or partners.
- People involved in divorce agreements where property is divided.
State-specific requirements
In South Carolina, there are specific provisions that must be met to file a Quitclaim Deed:
- The deed must include original signatures from all grantors.
- It is recommended that signatures are executed in blue ink.
- In most cases, at least two witnesses must sign the deed.
- A notary public must notarize the document before it can be filed with the Register of Deeds.
Key components of the form
Understanding the essential components of the Quitclaim Deed is crucial for ensuring proper completion. The form typically includes the following elements:
- Grantors: The individuals transferring ownership.
- Grantees: The individuals receiving ownership.
- Legal description of the property: Detailed information about the property being transferred.
- Consideration: The amount paid for the property or a statement of any other type of consideration.
- Signatures: Necessary signatures from grantors, witnesses, and the notary public.
Common mistakes to avoid when using this form
Caution should be taken to avoid errors that could render the Quitclaim Deed ineffective. Common pitfalls include:
- Failing to include all required signatures.
- Not notarizing the document correctly.
- Leaving out important details such as the legal description of the property.
- Failing to check the spelling of names, which can lead to problems in title transfer.
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FAQ
The grantor must sign the quitclaim deed in the presence of two credible witnesses. The quitclaim deed must also be subscribed by the two witnesses. The address of the grantee is needed in order to record this type of real estate document.
Laws § 27-7-20. Recording All forms must be filed at the County Recorders of Deeds. Signing (A§ 30-5-30) A quit claim deed in South Carolina is required to be authorized by a notary public and two (2) subscribing witnesses.
But you might be wondering if an owner can transfer a deed to another person without a real estate lawyer. The answer is yes. Parties to a transaction are always free to prepare their own deeds.A quitclaim deed, for example, is far simpler than a warranty deed.
To use a Quitclaim Deed to add someone to a property deed or title, you would need to create a Quitclaim Deed and list all of the current owners in the grantor section. In the grantee section, you would list all of the current owners as well as the person you would like to add.
Discuss property ownership interests. Access a copy of your title deed. Complete, review and sign the quitclaim or warranty form. Submit the quitclaim or warranty form. Request a certified copy of your quitclaim or warranty deed.
What Should I Know About Quitclaim Deeds in South Carolina? You are buying the least amount of protection of any deed. A quitclaim deed conveys whatever interest the grantor currently has in the property if any. The grantor only remises, releases and quitclaims his or her interest in the property to the grantee.
A Quitclaim Deed must be notarized by a notary public or attorney in order to be valid.Consideration in a Quitclaim Deed is what the Grantee will pay to the Grantor for the interest in the property.
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.