how to do a quit claim deed without a lawyer

How Can I Do a Quit Claim Deed Myself?

• Write the Deed. Fill out the quit claim deed form, which can be obtained online, or write your own using the form as a guide.
• Sign the Deed. Have the grantor and grantee sign the deed with blue ink in the presence of a notary public. ...
• Record the Deed. Go to the county recorder's office for the county in which the property is located. ...
• You're Done. ...

Full Answer

Does an attorney have to prepare a Quit Claim Deed?

Quitclaim Deed Risks. Whether you are the grantor or the grantee, it is a good idea to speak with an attorney before conveying property with a quitclaim deed. If you prepare a quitclaim deed without the assistance of a real estateattorney, there may be problems withthe deed'seffectiveness. For example, the description of property could be ...

How do you write a Quit Claim Deed?

To complete a quitclaim deed in Georgia, complete the following steps:

1. Download the GA quitclaim deed form.
2. Fill out the form.
3. Write the delivery address.
4. Write the preparer’s contact information.
5. Get the necessary signatures.
6. Pay the deed transfer tax.

How to file a quitclaim deed without paying a lawyer?

Part 2 Part 2 of 2: Filing a Quitclaim Deed Download Article

1. Your county Recorder’s office should have a quitclaim form for you to pick up. Additionally, one may be posted on the website.
2. Fill out the form. Complete the form using a typewriter or by printing neatly using black ink.
3. Sign in front of a notary. ...
4. Get a Preliminary Change of Ownership Report (PCOR). ...
5. File the forms. ...
6. Give the deed to the grantee. ...

How do I execute a Quit Claim Deed?

Part 2 Part 2 of 2: Filing the Quitclaim Deed

1. Get the form. The county clerk should have a form for you to pick up or download. ...
2. Complete the form. The form will ask for a variety of information. ...
3. Have the form witnessed. You will need to have at least two witnesses for each signature on the deed.
4. File the form. ...
5. Pay the fee. ...
6. Distribute copies. ...

How do I fill out a quit claim deed in California?

Complete the Quitclaim Deed Identify the property on the quitclaim form by providing the APN along with other property details, including the city, county and legal property description. Copy the description provided on the current deed if available. The quitclaim deed lists the legal name of the grantor on the form.

Where do I file a quit claim deed in California?

First, you need to make sure you fill out the quitclaim deed properly and get it notarized. Next, take the quitclaim deed to the County Recorder's Office. Make sure to file a Preliminary Change of Ownership Report and a Documentary of Transfer Tax or a Notice of Exempt Transaction.

How do I transfer a deed to a family member in California?

Before you can transfer property ownership to someone else, you'll need to complete the following.Identify the donee or recipient.Discuss terms and conditions with that person.Complete a change of ownership form.Change the title on the deed.Hire a real estate attorney to prepare the deed.Notarize and file the deed.

How long is a quitclaim deed good for in California?

In California, the statute of limitations is five years. Any challenge to the quitclaim must be based on either a procedural error or on undo duress.

Does a quitclaim deed need to be recorded in California?

Recording serves to notify the public and the public authorities that the transaction has taken place. The grantee cannot assume legal title to the property without recording a quitclaim deed. This is a crucial and necessary step in the process.

What happens after a quit claim deed is recorded?

Once the quitclaim deed is signed by the grantor and accepted by the grantee, it's considered legal and effective. However, some counties in the U.S. require that the grantee sign as well – again, at your local office.

How do I do a quit claim deed?

How do I fill out a Quitclaim Deed?Name the parties. To complete a Quitclaim Deed, you must name the grantor and grantee. ... Establish consideration. Depending on your state, you may have to specify a price at which the recipient is paying for the piece of real property. ... Describe the property. Next, describe the property.

How much does it cost to transfer a deed in California?

Individual Estate DocumentsDescription of Individual Documents (Notary fees additional)PriceTrust Amendment$200 and upTrust Transfer Deed and Preliminary Change of Ownership (California property)$200Trust Transfer Deed (Out-of-State property)$275Trust Transfer Deed (Timeshare)$2755 more rows•Apr 25, 2020

Can you gift your house to a family member?

Can I gift my property to a family member? Yes, you can gift a property to a loved one, whether that's a partner, a child or someone else.

Is quit claim deed legally binding in California?

Although self-evident, a quitclaim deed must be a written instrument in order to be legal. California does not accept a deed in digital form (even as a scan of a written document), nor as a videotaped documentation.

How do I remove my name from a house title in California?

By completing a quit claim deed, the owner quits his interest in the home.Obtain a quit claim deed. ... Fill in the names. ... Copy the legal description from the current deed. ... Fill in the tax assessor's parcel number space located near the top of the deed. ... Insert special clauses.More items...

How do I transfer property to my child in California?

You can arrange to legally transfer the deed to your house to your children before you die. To do so, you sign a deed transfer and record it with the county recorder's office. There are a few types of deeds that accomplish this in California, including a quitclaim deed, grant deed and transfer on death deed.

What is a quitclaim deed?

Quitclaim deeds are cost-effective tools for transferring interests in real property when there is no need for researched guarantees. Always consider potential tax implications before you decide to transfer real estate, including tax on the deed transfer itself.

How to get a copy of a deed to a house?

Retrieve your original deed. If you’ve misplaced your original deed, get a certified copy from the recorder of deeds in the county where the property is located. You’ll need to know the full name on the deed, the year the home was last bought, and its address. Expect to pay a fee for a copy of the deed.

What is warranty deed?

The general warranty deed promises that no unmentioned lienholders exist who might have claims to the property; it means the owner is free to sell the home . Warranty deeds are used in “arm’s length” transactions — between people who don’t know each other apart from the real estate deal.

What to do before transferring a warranty deed?

So, before transferring a general warranty deed, the owner has to resolve all mortgages, tax liens, judgment liens and other relevant debts and encumbrances. If you are transferring property under a general warranty or similar deed, it’s wise to seek professional assistance.

Who signs a deed in Florida?

For an example, in Florida a grantor must sign the deed before a notary and two witnesses — who also sign in the notary’s presence. As you can see, a state and the counties will have specific requirements for the deed, which can include formatting, return addresses, the name of the deed preparer, and so forth. Step 5.

Can you transfer a house into a trust?

Another possible workaround is transferring the house into a trust. Be clear on what your mortgage company will allow that without accelerating the mortgage due date. And look out for quitclaims from strangers. If you receive a home by accepting a quitclaim deed, know that your title could have defects.

Do I need to sign a deed before a notary?

Sign the deed before a notary. As the grantor, you’ll need to sign the deed with a notary public, who will change a small fee. In some states the grantee may not need to sign, but the deed must be delivered to the grantee, and the grantee must accept the deed, or it’s not valid.

How to fill out a quit claim deed?

To fill out a quitclaim deed, all you need is information about the property and the person to whom you're transferring your interest, which you typically can use to fill in the blanks on a pre-printed form available from your county recorder. Steps.

What is a quit claim deed?

A quitclaim deed is a relatively simple and easy way to transfer any and all interest you may have in a piece of real property to someone else. Unlike a warranty deed, there aren't any extensive (and potentially expensive) searches of property records, and in most cases you can complete the whole process yourself without having to hire an attorney. ...

How to transfer interest in a property to someone else?

A quitclaim deed is a relatively simple and easy way to transfer interest you may have in a property to someone else. Check your state court’s website to find your quitclaim form. To fill in the form, you’ll need to know the legal description of the property and its tax status, which you can get from the county recorder’s office.

What is symbolic consideration in a quit claim deed?

However, in many states the quitclaim deed still includes a recital wherein at least one dollar must be exchanged to transfer real property. In legal terms, this is called symbolic consideration or nominal consideration.

How to get the legal description of a property?

The easiest way to get the correct legal description for the property you want to transfer is to go to the county recorder's office in the county where the property is located and get the existing deed for the property.

How many witnesses do you need to sign a deed?

Nearly all states require the deed to be signed in front of an authorized notary public. Some states also require one or two witnesses in addition to the notary. If you're unsure of the laws in your state, you can get information at the county recorder's office.

Do you need a copy of the deed to quit claim?

While you should also include the address, the full legal description of the property can eliminate any future confusion. You'll need a copy of the existing deed on the property, and you'll want to copy the property description exactly as it appears on that document in your quitclaim deed form.

What is quitclaim deed?

The quitclaim deed is a legal document (deed) used to transfer interest in real estate from one person or entity (grantor) to another (grantee). Unlike other legal conveyance deeds, the quitclaim conveys only the interest the grantor has at the time of the deed's execution and does not guarantee ...

What happens if a deed is not recorded?

If a deed form is not in accordance with both the local and state standards, there may be additional fees charged for recording or the form may be rejected altogether.

What is the final step in the quitclaiming process?

Recording. The final step in the quitclaiming process is generally the recording of the executed document by the grantee.

When did Quitclaim deeds become common?

Quitclaim deeds were not common in the United States until the mid-1800s when property ownership started to mature after the revolutionary war. (Fig2.) Prior to that, real property was transferred primarily via a process that involved warrants, surveys, and land patents.

When to use quitclaim?

It is, however, a useful instrument when conveying property from one family member or spouse to another, and it is commonly used in divorce proceedings or for estate planning purposes.

Can you add a spouse to a quitclaim?

Whether resulting from a divorce or a marriage, a property owner can use a quitclaim to add a spouse to or remove a spouse from the title of the property. It is possible for an owner's name ...

Can an owner's name change?

Owner Name Changes. It is possible for an owner's name to change during the course of ownership. This is true for a natural person or any other entity that can legally own real property. While it is not required to change the information listed on title when an owner's name changes, it is a good idea to do so.

3 attorney answers

In South Carolina you can act as your own attorney and do a quit claim deed, but it is strongly recommended that you use an attorney to make sure that it is done properly or that it is what is in your best interest. Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina.

Evan Kyle Guthrie

Legally you can draft your own deed and record it, yes. I would suggest you consult with your divorce attorney before going down that road. There may be unforeseen consequences to the conveyance. Good luck to you.

What is a quit claim deed?

Some choose to place their real estate property in a family trust, so a quitclaim deed is a legal document that can be used in this scenario when it’s transferred to the future owner. Quitclaim deeds are most often used to transfer property between family members. Examples include when an owner gets married and wants to add a spouse’s name to ...

Who can offer a deed to a grantee?

In other words, the property owner (also known as the grantor) can offer this type of deed and transfer the entire interest in the property to the recipient, or the grantee. Generally, no money is involved in this transaction, there’s no need for title insurance and no title search is conducted to verify the property owner.

Can you transfer a title to a new owner?

In some states, transferring the title to a new owner can trigger tax payments, even if you’re simply gifting property to someone. This is where it’s best to consult a real estate professional to see whether a quitclaim deed is the best choice or whether you can add verbiage that can exempt the grantee from the transfer tax.

Can you transfer a quit claim deed?

While a quitclaim deed can be a quick and easy way to transfer property, it’s not always the best option. First, this type of deed doesn’t guarantee that there aren’t liens or interests that could affect the property. If you find out that there are other owners of the property, there could be legal and financial implications.

Can you remove your ex spouse from a property title?

Removing An Ex-Spouse From A Property Title. In the event of a divorce, grantors can remove their ex-spouse’s name from the property deed or title. A title insurance company may want to ensure that the potential owner (in this case an ex-spouse) doesn’t try to claim ownership in the future. However, both you and your ex-spouse will continue ...

Is a quit claim deed legal?

Once the quitclaim deed is signed by the grantor and accepted by the grantee, it’s considered legal and effective. However, some counties in the U.S. require that the grantee sign as well – again, at your local office.

How does a quitclaim deed work?

A quitclaim deed is sometimes used to avoid probate court by transferring an interest in real property before someone's death. The property is transferred by deed during their life, instead of being transferred by a will after the grantor's death.

When to use quitclaim deed?

It is most commonly used when ownership rights in a property are transferred among family members. In a divorce, a quitclaim deed is a way to transfer ownership in property between divorcing spouses. For example, the spouses owned the marital home together.

What is warranty deed?

When a home is sold, a warranty deed is the document generally used to transfer the property. A warranty deed contains a guarantee from the seller to the buyer that the seller owns the property outright, free of encumbrances, and has the right to transfer full and clear title to the buyer. Should there be any problem with ...

Can a quit claim deed be challenged?

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.

Can a challenger claim a deed that was forged?

A challenger could claim that the grantor didn't actually sign the deed or that it was forged. Once a quitclaim deed has been recorded in the county clerk's office, it becomes more difficult to challenge, since the transfer has already occurred. The person challenging the deed has the burden of proving it was falsified or not legally executed.

Different types of deeds for transferring property ownership

Before we look at quitclaim deeds, we want to understand the three primary types of deeds used for changing ownership.

What is the purpose of a quitclaim deed?

Quitclaim deeds are common in inter family transfers of real estate. They common when family members want to avoid the costs of title insurance or attorney fees. They’re also commonly used when moving property in and out of a trust, such as during a bank refinance. Banks typically do not loan to trusts.

Repercussions of a quitclaim deed

Because quitclaim deeds can be so easily created, and recorded by anyone, they can be problematic. Normally, deeds recorded by title companies have a stamp identifying the title company responsible for creating and recording the deed.

Does a quitclaim deed remove me from the mortgage?

There was a common scenario during the Great Recession done by people in foreclosure. They assumed that if they signed a quitclaim deed over to someone else, they were no longer responsible for the mortgage. Others attempted to use quitclaim deeds to cloud title and try to prevent foreclosure .

How to be removed from a mortgage

There are very few ways to be removed from a mortgage without paying it off One way, is to work with the bank to attempt a Deed in Lieu. A Deed in Lieu, is a special deed that transfers ownership of the property to the bank. In a Deed in Lieu, the borrower gives the lender the home, and the lender removes the borrowers mortgage.

Selling a home with a quitclaim deed

Selling a home with a quitclaim deed is perfectly legitimate. However, if you understand the problems it creates for re selling the home, you can quickly see why it can create problems for the buyer in the future. You may truly own the property, and it may be free of liens and encumbrances.

Conclusion

In summary, the problem is not quitclaim deeds by themselves. It’s the lack of title insurance when seller’s transfer title between different parties that often accompanies quitclaim deeds. The same could be true even if a grant deed or warranty deed were used to transfer ownership, but without obtaining title insurance.

Common Uses For Quitclaim Deeds

Creating A Quitclaim

Elements of A Quitclaim Document

• While each County has specific formatting requirements for the recording of documents there are main elements that are common to all legal deeds. (Fig1.) 1. Title 1.1. The title of a legal document tells the world what type of document it is. 1.2. In this case the title is "Quitclaim Deed" 2. Executed Date 2.1. This is the date that the legal docum...

See more on deeds.com

A Note About Title Insurance and Mortgages

Fraud and Abuse

Form Requirements

History