LEGALDOCS - Quit Claim Deed
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This is an example of a completed Quit Claim Deed.
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A Quit-Claim Deed is a form for the conveyance of interest in real property (real property is land and anything permanently fixed on the land, such as a house). To be effective, a Quit-Claim Deed must have a "grantor" (person conveying the property), a "grantee" (person receiving the property), be in writing, be signed by the grantor, and must be delivered to and accepted by the grantee. The grantor's signature does not have to be notarized to be effective, but must be notarized to allow its recordation. Recordation is important to give "constructive knowledge" to the world that the grantee has received title to the property, so that the grantor can not, for example, sell the same property to more than one person.
A Quit-Claim Deed can convey the full right to ownership of the property (called a fee simple estate), or a lesser than full right to ownership, such as a lifetime estate to possess the property. HOWEVER, THIS FORM IS USED TO TRANSFER ALL OF THE GRANTOR'S RIGHTS TO THE PROPERTY. If you want to use this form to transfer less than a fee simple estate, use specific exemption language in the Exhibit "A" to make it very clear what is not being transferred, and ask an attorney to review the document before you sign it.
A Quit-Claim Deed gives no warranties regarding the Grantor's right to, ownership or possession of the property deeded, or even that the Grantor has any right at all in the property. Legally, a Quit-Claim Deed says only that "Whatever right I have in this property, if any at all, I am deeding to you". A QUIT-CLAIM DEED IS SELDOM USED, and is normally not used when there's a sale of real estate. It's mostly use to clean up title, for example, when there is a possibility that one person has some interest in the land and wants to disclaim any interest, such as when a spouse may have a community property interest but wants to prove he/she doesn't claim any interest, or when there's a possible leasehold interest, and a former tenant wants to disclaim any further interest in the land.
Use this Grant Deed for a deed which contains certain warranties of ownership.
To complete your Quit Claim Deed, fill out this form.
GRANTOR AND GRANTEE INFORMATION
Enter the Name (or Names, if more than one) and the type of person or entity, of each Grantor signing the Quit Claim Deed.
(NOTE: The entry next to "Signer" and "Capacity" is to provide the name and capacity of the person signing for a company, partnership, corporation, etc. Any entry in the space next to "Signer" and "Capacity" will appear on the signature line of the Quit Claim Deed. For example, if a Grantor is "Xeltron Corp.", the entry next to "Signer" could read "Jane Doe", and the entry next to "Capacity" could read "President of Xeltron Corp". If any Grantor is a natural person, married or unmarried, leave the space next to "Signer" and "Capacity" blank.)
Property and Sales Information:
DESCRIPTION OF PROPERTY AND PRICE
Enter the common name of the property transferred. (For example, "123 Main Street, Miami, Florida 22222")
Most deeds do not reference a sales price. In this case, leave the next two fields empty and the deed will not reference any "consideration" or sales price. If you need to or want to insert a sales price into the deed, complete the next 2 fields.
Spell out the dollar amount of any consideration (price) given for the property.
Type in the dollar amount in numeric format.
Enter the County in which the property is located.
Enter the State in which the property is located.
If there is more than one Grantee, decide whether or not you will be holding the property as "tenants in common" or as "joint tenants". THIS DECISION IS IMPORTANT. If held as "joint tenants", the property interest of one joint tenant passes automatically to the surviving joint tenant upon death. If held as "tenants in common", the deceased's tenant's interest passes to his or her heirs at law, and not to the surviving tenant. If not specified, tenancies will be presumed to be a tenancy in common, and not a joint tenancy. The difference and importance of choosing the correct type of tenancy in a Community Property State is even more important. Thus, it is important that if you do not know how you should hold title, CONSULT AN ATTORNEY OR REAL ESTATE SPECIALIST.
The Grantee(s) will hold title as follows:
Enter the name, street address, and city, state, zip code where the deed and property tax bills/information should be mailed to after the Quit Claim Deed is recorded.
PLACE OF SIGNING
The Deed will be signed in the
Enter the Grantee's mailing address (either the property address or other place where Grantee takes mail).
This completes the information input for your Quit Claim Deed. When you Send this Form, this program will prepare a Summary of the Quit Claim Deed for your review. Make sure that all facts stated in the Summary are correct in all respects.
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