In complicated real estate deals, a title search is necessary, and title insurance serves to cover any undiscovered defects. In contrast, some transfers are simpler and more conducive to a transfer without a lawyer or real estate agent. The quitclaim deed is also used to take clouds off a title. If someone could make a claim to the property, that person could sign a quitclaim to confirm they hold no competing claim.
When you use a quitclaim deed to transfer property, you make no guarantees. Under a quitclaim deed, you transfer whatever interest you hold if you do, in fact, hold any at all to the other person. Wills, of course, are another way to transfer a deed, and a will can be written without a lawyer. A will is also a good way to pass a home on after death, to be sure an heir gets a stepped-up cost basis and receives a break on capital gains tax.
But a will has no effect on deeds if their titles are vested in certain ways. While a deed evidences the transfer of property, a title states how the ownership is held. The title sets forth the capacity of an owner to offer an interest in the home as collateral for mortgages, and to transfer the whole interest, or a portion of their property interest, to someone else in the future.
Title can be held by a sole owner. When there are more than one, the co-owners may have various ways to vest the title:. It might also be held by a trust, to be overseen for specific reasons and goals. 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.
Expect to pay a fee for a copy of the deed. Be sure to select the form that applies to the county and state where the property is located. View compliant deed forms here on Deeds. A valid deed must clearly identify the property.
Use the utmost care when including the legal description of the property , which sets forth the boundaries, and can be found on the current deed. The name of the grantor on your new deed should match the name on the current deed. The correct language, including words of conveyance, must appear: a statement from the grantor conveying the interest to the grantee, and the amount of consideration.
The consideration is the value exchanged for the deed. If the grantee pays, the payment amount is included. Read, understand, and fill in form carefully, double-checking every completed field on the form. Yes, your intended recipient can refuse the deed. Use our property deed transfer form to quickly and easily transfer the title to real estate to a new owner. Our intuitive property deed template allows you to easily transfer property with or without providing title guarantees.
Quit claim deeds are used to quickly change ownership on a property title and are commonly used between family members and to transfer property into a trust. Because they do not provide guarantees against title defects, they are usually the quickest and easiest solution for naming new property owners. General warranty deeds guarantee that the property title is free and clear of any liens and other defects unless stated in the deed and that the grantor owns proper title to the property.
These guarantees make general warranty deeds ideal for property sales. A special warranty deed or "limited warranty deed" in some states is similar to a general warranty deed, except that there are no guarantees against any liens and defects that may have occurred prior to the grantor becoming an owner. Property deeds are useful for quickly and easily transferring title to real estate to a new owner. LegalNature's property deed form allows you to choose between creating either a general warranty deed or a quit claim deed.
As opposed to quit claim deeds, which make no warranties, general warranty deeds make warranties to the buyer that the seller—called the grantor—is the rightful owner, the property is free from encumbrances, and the grantor will defend the title against claims from others.
Review the following instructions for additional help completing your deed. Remember, the grantor is the party that owns the property and is selling or transferring title to the grantee. Grantors and grantees may be either individuals or business entities. The general rule when answering these questions is to add one grantor for each current property owner that will be transferring title or otherwise changing his or her ownership interest; for instance, by adding a family member to share title.
Note that if a grantor wants to remain an owner of the property and simply wishes to add additional owners on the title, then that grantor should be included as a grantee as well. For example, if a married couple wishes to add their daughter as an owner, then each spouse would be named as a grantor and all three individuals will be named as grantees. You will need to specify whether each grantor and grantee is a married individual, a non-married individual, a trustee, or a business.
If a party is receiving the property as a trustee, then the trustee should be named as the grantee, not the trust itself. The deed will state that the trustee is receiving the property on behalf of the trust. If there are multiple co-trustees, you may list the name of any one of the trustees.
If a business is receiving the property, then you will name the business as the grantee and enter the name of the agent who will sign on behalf of the business. The agent should be someone with proper authority to sign binding contracts on the behalf of the business, such as an owner, executive, or manager.
You will be asked whether the grantee or grantees are receiving title as sole owners or co-owners. You should select "Sole owner" only if no other person will share ownership with the grantee after the deed is signed.
Select "Co-owner" if more than one person or business will share ownership of the property with the grantee after the deed is signed. This would be the case, for example, if the grantor is a tenant in common and is transferring his or her interest to the grantee. The other tenants in common would not necessarily join in the deed as grantors, since only the grantor is changing his or her interest.
Here you should indicate what type of joint property interest the grantees are receiving. Depending on your state, you can choose between a tenancy in common, a joint tenancy, a tenancy by the entirety or community property interest, and a partnership. A tenancy in common is a joint property interest in which each tenant property owner owns an undivided share in the whole property.
Each tenant may transfer his or her interest without the need for the other tenants to join in the deed. When a tenant dies, his or her share passes according to their will or under state intestacy law when no will exists. Multiple businesses sharing ownership often choose to own as tenants in common due to the simplicity and flexibility of these ownership interests. A joint tenancy is the same but with a few important differences. First, each tenant owns an equal interest.
Also, a joint tenant may not sell or transfer his or her interest without the consent of the other tenants. This means that all joint tenants must sign as grantors when transferring or changing ownership and must sign together as grantees when receiving ownership.
Lastly, each tenant has the right of survivorship, so when a joint tenant dies, his or her interest automatically passes to the other joint tenants in equal shares. Tenancy by the entirety and community property interests are basically identical in nature and only differ in name. They are both similar to a joint tenancy but are for married couples.
The same rules apply, including right of survivorship. If California businesses are sharing ownership, then they can consider choosing a partnership interest, which is similar to a tenancy in common but may offer certain advantages under state law. Each county has its own unique filing requirements.