Helpful Tips, Random Thoughts

Simple Real Estate Definitions: Quitclaim Deed

September 9, 2009 by · 1 Comment 

By its most common definition, a quitclaim deed is a document by which one person passes legal and financial ownership of a home to another person.

It’s also a way for an owner of a home to remove himself from the title to the property.

Often misspelled as “quick claim deed” or “quit claim deed”, quitclaim deeds have a multitude of applications, including:

  • Assigning a home to a trust or entity
  • Adding a partner to title after marriage
  • Removing a partner from title after divorce

In order to quitclaim a property, the grantor must have the legal right to assign the property to a grantee, or else the quitclaim deed is worthless.  For example, you can’t quitclaim your interest in City Hall to your neighbor because you don’t actually own City Hall. 

This is where quitclaim deeds vary from warranty deeds (or grant deeds) — the types of transfers that occur when real estate is sold.  In instances of the former, the title to a home is guaranteed to be clear.

Before using a quitclaim deed on your own home, consult an estate planning attorney.  Transferring real property can ruin a will, or trigger taxes — it’s important to consult a professional for help.

Need more expert advice? Ask the team of Certified Mortgage Planning Specialists at Benchmark Mortgage.

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James K Barath, CMPS®

James K Barath is a Certified Mortgage Planning Specialist®, Certified FICO® Professional, Certified Military Housing Specialist® and your FHA Home Loan Expert. He is also a graduate of Purdue University, The CMPS Institute, Dale Carnegie Human Relations Course & Napoleon Hill Foundation's PMA Science of Success Class. It's your home and your future. It's his profession and his passion. He is ready to work for your best interest. Contact James for your FREE Home Loan Approval !  His Motto: I Facilitate the American Dream Through Responsible Mortgage Lending and Financial Literacy!

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Comments

One Response to “Simple Real Estate Definitions: Quitclaim Deed”
  1. David Hiestand says:

    I usually describe a quitclaim deed to clients as transferring whatever interest you may have in real property to another person, but it does not guarantee that you have an interest in the property. They can also be useful in clearing up inheritances between children or boundary confusions between neighbors.

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