
QuitClaim Deed form |
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Quit Claim Deed![]() |
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What is a Quitclaim deedFor those who wonder, "What is a Quitclaim deed?", it is not much different from other deeds. The purpose of a deed to to transfer ownership of real property to another new owner. Real property comes from the tradition of history, specifically from the feudal system in which the king owned all land. The king had "subjects" who used his land and therefore had to pay him rent to use it. The rent was paid indirectly through tax collectors or directly. The Quitclaim deed is the opposite of a granted deed. The Quitclaim frees or "quits" the grantor's interest in the real property.
The Quitclaim is less expensive than other forms of deeds and is used typically after a divorce. For example if a divorce takes place and one of the divided family receives the house from this event a Quitclaim deed will be used. The Quitclaim can be used by one former member of the family to "quit" their ownership of the home. Estate planning is another use of a Quitclaim deed. One who wants to turn over ownership to a relative such as a son or daughter. A quick signing of a Quitclaim deed can send the ownership to the correct relative while the original owner can include ownership of the same property until death. When the original owner dies, the Quitclaim sends and assures ownership to the right relative. Continuing with the question, "What is a Quitclaim deed?", the person from which the real property is being transferred from is called the grantor in a Quitclaim deed. The person that is receiving the property from the grantor is called the grantee. There are no promises, no guarantees, no warranties about the property that is changing hands. Thus, the opposite of a Quitclaim deed is a warranty deed, that comes with guarantees. Quitclaim deeds are generally prepared by attorneys or lawyers. The legal process does not involve a need for the grantee. The grantor will sign away the property, it is filed with the courthouse or other local entity, and therefore ownership has legally changed. A copy of the deed is given to the grantor, grantee and the company handling the title insurance. Information on the form will include things like prices, descriptions, and whether or not it is considered a gift. Some large states, like New York, Florida and Texas have repealed their gift tax laws so check the local laws to find out if the state will demand money for giving away real property using a Quitclaim deed. There are still federal gift tax laws that will need to be thought of before using a Quitclaim deed. Once a Quitclaim deed is signed, that is it, it's done. So Before the signing takes place it is important to consult with a lawyer. This web site offers a free printable quitclaim deed form sample for informational use only. |
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