A quit claim deed is a legal document that transfers all ownership in a real property from one person (grantor) to another (grantee). It only transfers whatever interest the grantor has and if the grantor has less that full legal title, the quit claim deed cannot transfer more than that. Also, it does not contain any warranties of title.
A general warranty deed is used to transfer ownership of real estate with full warranty of title. The current owner guarantees that they have good and valid title to the property and that there are no legal issues with the title.
A special warranty deed allows the grantor to turn over the property in any condition that the grantor received it. The grantor must provide a warranty that no damage or defect occurred while she or she owned it, but does not need to make any guarantees against what might have occurred to the property before the grantor obtained ownership of it.
A life estate deed allows the property owner to retain an interest in the real property for their life and allowing the property to pass after their death to the named remaindermen without the need for probate. The grantor and grantee of the life estate deed is the current owner of the property. The remainderman is the person (or persons) who will inherit the property upon the death of the grantor.
An enhanced life estate deed is similar to a life estate deed, however, it also allows the property grantor to keep control during their lifetime of the property to convey or mortgage the property without the approval of the remainderman. The property will also transfer immediately upon their death without the need for probate, in the same manner as a life estate deed.
The quitclaim deed, a legal instrument used for the transfer of real property, allows the grantee (“buyer”) to legally obtain ownership without the additional inconvenience of acquiring title covenants (e.g. – insurance against liens) from the grantor (“seller”). For instance, when transferring property between family members or other parties where there is sufficient trust previously established, a quitclaim deed can be obtained to avoid the hassle of obtaining legal proof of the ownership of the property in question. Whether you are transferring a home to your daughter, giving a real property gift or converting personal property to business property, the quitclaim deed allows you to save time and money.
Property transference due to divorce is another instance in which quitclaim deeds become advantageous. In most instances when one spouse terminates interest in jointly owned property (such as the marital home), both parties share familiarity with any encumbrances on the title. This eliminates the need for additional title covenant provisions.
While the concept behind a quitclaim deed is relatively straightforward, the process by which they are implemented requires considerable legal expertise and thorough knowledge of state law. At Heekin Law, we have over 100 years of shared experience administering legal and binding quitclaim deeds, saving hundreds of clients the time and expense of learning this lengthy process. Also, having a sound legal document allows peace of mind, and having an experienced law firm complete this process provides just that.
Below is a list of considerations Heekin Law takes into account whenever executing a quitclaim deed:
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