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Quitclaim Deed

When to Use a Quitclaim Deed

A Quitclaim Deed is a document stating that a person is giving up their legal interest in a real property, such as land or a house. It offers little protection to the person receiving the interest, so it is most often used between family members who have already established trust (such as gifting a house to a close relative).

You should use a Quitclaim Deed if you:

  • Are giving up your interest in real property to a spouse or ex-spouse.
  • Are gifting your property to another person or family member.
  • Need to transfer property to a trust.
  • Want to show a name change that affects an existing deed.
  • Want to transfer property to a business or other entity.
  • Have been asked by a title company to resolve a "cloud" on the title.

Since this document offers little protection for the grantee (the person being granted the real property) it is not recommended to be used between those who do not know each other well. If you have questions about whether or not this document is right for you, ask a lawyer.

Yes, a Quitclaim Deed transfers ownership of real property from one party to another, and it is most often used for transfers that do not involve a sale or purchase of the property.

The person giving up interest, called the grantor, may not even have their name on the title (for example, if the property is in their spouse's name), but may be transferring their acquired or assumed interest to show that they have no interest in the property.

It varies by state, but some states will only honor the Quitclaim Deed for a certain amount of time (five years in California, for example). You'll need to talk to a lawyer or check with your county recorder's office to see if a statute of limitations applies.

After you complete your Quitclaim Deed and have it signed and notarized, in most cases you will file the document with your local county clerk or office of the assessor or recorder. Some states may also require witness signatures and/or grantee signatures, as well.

No, you do not need a lawyer for a Quitclaim Deed. With Rocket Lawyer, you can make a Quitclaim Deed for free.

You can access your Quitclaim Deed anytime, anywhere, on any device. As a Rocket Lawyer Premium member, you can download it in PDF or Word format, and print it anytime. You can also use your Rocket Lawyer membership to have your Quitclaim Deed reviewed by an On Call attorney.

If you have questions before getting started, ask a lawyer or check out other legal documents for property title transfer.

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