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For example, the person transferring the property doesn’t even warrant that they own the property. For this reason, quitclaim deeds are only appropriate when transferring property between close family members, such as divorcing spouses.[2]
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To draft a quitclaim deed, you should find the correct form and supply the requested information.
Drafting a Quitclaim Deed
Seek help from an attorney or title company. Getting a quitclaim deed can be confusing and complex. It’s best to have the help of an attorney or title company to explain terminology, title transfers, and the like. You can get a referral for a real estate attorney by calling your nearest bar association.
Find forms or templates. Your state or county may have a “fill in the blank” quitclaim deed you can use. Stop into your county’s land records office to check. This office is probably called the Recorder of Deeds office or something similar. A form may also be available on the county court website. Make sure to use a form approved for your state. These forms are usually uniform throughout the state, so you can use any county’s form.
Identify who prepared the deed. At the top of the document, there might be a line for you to enter who prepared the quitclaim deed. Fill in this information.
State who will receive the new deed. The deed might also have lines for you to enter the name and address of the person who should receive a copy of the deed after it is filed. This will be the person who is receiving the property. The land records office will send this person a copy as well as future tax statements.
Identify the parties. You will need to identify the “grantor,” who is the person transferring the property, and the “grantee,” who is the person receiving it. You can also provide their addresses or the county where they live. You can obtain a document from the title company that will show the last legal owner, and who granted it to them. You can request a title search on the property to learn if the grantor is the legal owner and find out if the parcel is owned by more than one person. If the entire property is being transferred, then all owners need to transfer their ownership.
Provide other key information. Your quitclaim deed should also contain the date of the transfer and the amount paid. Even if you paid no money for the land, the law usually requires that at least a dollar be listed. For example, your quitclaim deed might read: “For full and valuable consideration in the sum of One and no/100 Dollars, Kristen T. Jones, an adult resident of Big County, Michigan on this the 3rd day of June, 2017, does hereby bargain, sell, release, remise, quit claim and convey unto Michael T. Jones, an adult resident of Big County, Michigan, all right, title, and interest in and to the following described real estate….”
Include the legal description of property. This will be on the current deed, which you can find at the county land records office. Some quitclaim deeds will require a parcel number or the metes and bounds description, or both. You may also need to identify the county and state where the land is located. Double check the legal description of property and confirm you have entered it properly. If you make a mistake, then there could be a boundary dispute.
Include signature blocks. Generally, the grantor must sign. However, some states also require that the grantee and witnesses sign the quitclaim deed. Include signature lines and lines for the date.
Add a notary block. Any template or form should have a notary block already typed onto it. If you’re typing up your own form, then find an appropriate block online and insert it at the bottom of the page. Include a line for the notary to sign.
Executing Your Quitclaim Deed
Sign in front of a notary. You can find notaries at the courthouse, the land records office, or at most large banks. Take personal identification, such as a valid state-issued ID or passport. You will probably need to pay a small fee to have the quitclaim deed notarized.
Complete other paperwork. Depending on your location, you might need to complete other forms before filing the deed. Ask the clerk at the land records office for all forms. For example, in California, you must fill out a Preliminary Change of Ownership Report (PCOR). You can get this form from the Recorder of Deeds office.
File the deed. Take the completed deed to the Recorder of Deeds in the county where the land is located. You’ll have to pay a small fee to record, usually less than $100. A deed is valid even if not recorded. However, recording the deed gives the public notice of the new owner of the property, and for that reason you should record it as soon as possible.
Send a copy to the grantee. The land records office might send a copy to the grantee, but you should go ahead and send it as well. Store your copy in a safe place with your other important papers.
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