What is a Quitclaim Deed?

A quitclaim deed is used to transfer real property from the grantor to the new recipient owner, called the grantee. The grantor will terminate any rights to claim the property using a quitclaim deed, thus allowing all rights to be transferred to the recipient/grantee.

Unlike other property deeds, a quitclaim deed contains no title covenant. It cannot offer warranty to the grantee as to the status of the property title. At the time of transfer, the grantee is entitled only to the interest the grantor possesses at that time. It means that the grantor cannot guarantee that the title of the property is free and clear at the time of transfer. It is limited to the property interest owned by the grantor at the time of the transfer, if any. Since the quitclaim has no warranty and has no legal course to recover and any losses, it is possible that the grantee will receive no actual interest.

Since the grantee can only receive the interest that the grantor held at the time of transfer, should the grantor acquire the property at a later date, the grantee will not be entitled to take possession of the property. Many other types of deeds that are used for real estate sales have warranties attached to them signifying that the grantor ensures to the grantee that the title is clear or the title does not contain any encumbrance.

In divorce case, when a spouse terminates interest in the joint marital house, the quitclaim deed can be used to grant the receiving spouse full rights to the property. Conversely, if a couple gets married, a quitclaim deed is an inexpensive way to add the new spouse to a title, without the expense of a title search. This is an inexpensive way to transfer a property to another person quickly by executing. When this is done, the person who executes the deed eliminates his or her interest in the property by transferring the full claim to the other person.

Other uses of a quitclaim deed are for tax deed sales or sheriff’s deed. This is done when the property is sold in public auction to recover the outstanding tax debt of the original owner of the property. The auction is usually done by the local government that has no claims or interest in the property, only the collection of unpaid taxes, so they typically do not extend warranty to the property title. In this situation, it may be advisable for a buyer to invest in a title action to remove any clouds to the title.

Quitclaim deeds are prohibited by many jurisdictions for use as collateral for a bail bond.



Source: 1-2-Law: https://www.12law.com

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