Tuesday, July 24, 2012

When You Need a Quit Claim Deed

Transactions involving the transfer of real estate normally involve several documents known as deeds (judicial, warranty, will, sheriff's and deeds of trust). These deeds are vital to make the transfer of a property from one person to another legitimate. One of these deeds is the Quit Claim Deed.

A quit claim deed is a legal document which releases a person's claim or interest on a certain real estate property and passes it to another individual. This type of deed, however, provides no assurance as to the rights of the person receiving it and makes no warranty that the person concerned owns anything. Quit claim deeds can be used in various situations such as in a divorce, transferring real estate properties between family members, as tokens or gifts or to remove doubts on title.

A typical example of a situation where a quit claim deed may be necessary is when one spouse disclaims any interest in the property that the other spouse owns such as during a divorce. In this circumstance, the spouse who foregoes his interest on the property is called the grantor while the spouse who owns the property is referred to as the grantee. The risks will be shouldered by the grantee especially since there is no warranty on the title.

If a married individual solely holds title to a property or the wife or the husband bought the property before tying the knot, the other spouse may be required to sign a quit claim deed when the property is sold to a third party. For instance, Annie bought a house before marrying Tom. A few years after the wedding, Annie decides to sell the house to Mr. Taylor and Tom, the husband, was required to sign a quit claim deed to Mr. Taylor. The main purpose of the quit claim deed here is to ensure that the spouse not on the deed does not return later on and reclaim the property.

Another example during a divorce is when one of the spouses wants to keep their conjugal home. In this case, the spouse who wants to remain in the house needs to request a quit claim deed so he or she could have sole interest in the house.

Of course, in selling any residential property, the owner is usually required to file a quit claim deed with the county in their state. The document will then transfer the interest of the house involved from the seller to the buyer.

Still another use is when a family home inherited by several siblings who share ownership is sold to a new owner. However, even before the sale, a sibling can already sell his or her share in the home to another sibling and sign a quit claim deed to give up all his or her rights and interests in the property.

Legal experts say there are important things to keep in mind when using a quit claim deed. They point out that the document should bear the current legal names of the parties involved. For divorced couples, the names that appear in their divorce decree should be the same as that will appear in the quit claim deed. The quit claim document will not be needed, though, if the divorcing couple decides to live in separate homes but would like to remain on the title.

Article Source: http://EzineArticles.com/677009

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