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It is merely a document that transfers whatever title may exist in the grantor to a grantee. It doesn't grant any title. It's more in the form of an estoppel than a deed. So a quitclaim deed is an instrument that denies ownership of the property at stake.
The way a quitclaim deed works is that this type of transfer makes no seller guarantees. It merely states that the seller transfers any ownership interest to the buyer. So if the seller has absolutely no ownership interest in the property, that's precisely what transfers in a quitclaim deed to any buyer.
1. the release or relinquishment of a claim, action, right, or title. 2. a deed or other legal paper in which a person relinquishes to another a claim or title to some property or right without guaranteeing or warranting such title.
It's usually a very straightforward transaction, but it's possible for a quitclaim deed to be challenged. If a quitclaim deed is challenged in court, the issue becomes whether the property was legally transferred and if the grantor had the legal right to transfer the property.
Laws & Requirements Signing Requirements § 66-24-101: A Tennessee quitclaim deed requires a written and signed grantor agreement. It must also include either two witnesses or acknowledgment by a notary or officials, especially when transferring property between unrelated parties.
A quitclaim allows a person to transfer property to another person with a simple deed. The basic idea is that all the rights and claims of being a property owner are relinquished and legally turned over to someone else.
Quit claim deeds, also called a non-warranty deeds, are sometimes used to transfer property as well as clear titles. Sellers tend to be more willing to transfer property through quit claim deeds. However, quit claim deeds offer no warranty that the grantor owns or has any rights to transfer the property.
How do I add (or remove) someone from my deed? To add, change, or remove a name on a property you will need to have a new document prepared and have it recorded in our office. A Quit Claim Deed or Warranty Deed will need to be completed. This document will replace your previous deed.