Quit Claim Deed What is it?
Sometimes improperly referred to as a “Quick Claim Deed”, a Quit Claim Deed is a legal document that conveys or transfers a person’s legal interest in a parcel of real estate to someone else. Unlike a Warranty Deed, a Quit Claim Deed does not guarantee that the Grantor (person conveying the property) has sole legal title to the property, nor does it warrant the title to be free from the claims or liens of others.
The essence of a quit claim deed is that the Grantor “quits” his/her/its claim to the property. In other words, the Grantor declares that he/she gives up all right, title, and interest to the property forever, and will not claim an interest in the future.
Common Uses for a Quit Claim Deed:
A Quit Claim Deed is commonly and properly used in many property transactions, such as transfers between family members (parents to child), in divorce cases, (one spouse to the other) or in estate planning (individual to trustee of the trust). In these situations there is typically no need for the special language which warrants the title to the property. Consult with one of our Chattanooga attorneys.
Quit Claim Deed, No Attorney Can be a Real Problem
Keep in mind however, that there can be legal consequences of which you are unaware. For instance, if you convey all or some of your property to one of your children by means of a Quit Claim Deed or any other instrument, there can be potential gift tax consequences, or the possibility of the property being lost due to your child’s financial or marital situation. Remember, you have given up your property and your child now owns it. Consult with an attorney before you decide.
A Quit Claim Deed is often proper and expedient, but often times it is not legally advisable. You should never execute a Quit Claim Deed or accept a Quit Claim Deed in a property transaction without first consulting with an attorney. Also, be sure the document is properly drafted by an experienced lawyer.
Comments are closed, but trackbacks and pingbacks are open.