A quit claim deed transfers ownership of a house or property to another person, often a family member or spouse. If you’re a homeowner there may be a few reasons why you need to file a quit claim deed. But how do you file a quit claim deed and where can you find the proper forms?
In this Redfin article, we’ll outline how to file a quit claim deed in five steps. Whether you’re a homeowner in Orlando, FL, or Raleigh, NC, it’s a simple process to file a quit claim deed. Here’s what you need to know.
5 steps to file a quit claim deed
There are several reasons why you may want to file a quit claim deed. For example, you may be in the midst of estate planning and want to transfer ownership to a Trust. Or you may be splitting up assets in a divorce. No matter your reasons, filing a quit claim deed is a relatively simple process. Here’s how to file a quit claim deed.
1. Research quit claim deed requirements in your area
The specific process and requirements vary from state to state. You can check with an attorney or look up state-specific requirements online to see if you meet the requirements.
2. Obtain the proper form
Forms and other required legal documents vary by state, so make sure to obtain the proper form. There are several places where you can find a quit claim form. You can get this form from your attorney, a real estate agent, and even online, typically on your county recorder’s website. In some areas, the quit claim forms are located your local government recorder’s website under a “forms” page.
3. Get a legal description of your property
The specifics may vary but this generally includes your property’s address, location information, and a description of the land your property is situated on that explains precisely where the parcel is located. You can obtain most of this information from your local county office or from your existing deed (if correct).
4. Fill out the form
Fill out your form or have an attorney fill it out for you for a small fee. Some things you need to include in the form are the assessor’s parcel number (APN), your city and county name, and the legal property description. You can find the APN on documents like your tax bill, deed, or valuation notice. You can find the legal property description on your deed.
After you fill out this information, you’ll need to put your legal name as the grantor, which identifies you as the owner who is transferring the property. If there are multiple owners, make sure to add all names to the grantor section. Next, you’ll add the name of the grantee, the person who you are transferring the property to. Keep in mind you must sign these forms in front of a notary, and the form must be notarized to be valid.
5. File the form with the county
After your quit claim deed is notarized, you’ll need to file the form with your local county office, usually the County Recorder’s Office. You’ll also need to bring some additional forms with you, so make sure you’re prepared in advance. Here’s what you may need:
- Document of tax transfer
- Notice of exempt transaction
- Preliminary change of ownership report
Documents will vary from county to county, so make sure to check the county recorder’s website to see which documents you need bring. There may be a small filing fee for filing a quit claim deed.
What is a quit claim deed?
A quit claim deed is a legal document used to transfer property, often between family members. These deeds generally come with no guarantees or warranties, so they’re typically reserved for situations where you and the other party have an established relationship. Here’s what you need to know about using a quit claim deed.
3 examples of when to use a quit claim deed
Here are a three common times that people use quit claim deeds.
1. To clarify errors in previously recorded deeds
Even minor discrepancies can cause problems if you try to sell your property. Quit claim deeds are often used to correct previously recorded mistakes or to clarify ambiguous language in previously recorded deeds.
2. To clarify how your property is owned
If you are the part owner of a property, you might use a quit claim deed to clarify tenancy or to establish joint tenancy with the right of survivorship. If you and your spouse jointly own your property, for instance, establishing the right of survivorship means that ownership passes to your surviving spouse following your death, without the need for costly probate.
3. To transfer ownership following divorce or other circumstances
If you’re getting a divorce, you or your spouse can transfer ownership of your portion of your property using a quit claim deed. Likewise, quit claim deeds can be used to transfer your stake of ownership to your siblings or other family members if you want to relinquish ownership.
Filing a quit claim deed means that you are relinquishing your ownership in your property, so be sure that you’re making a sound decision before filing. If someone else is transferring ownership to you through a quit claim deed, remember that this document does not guarantee that the title is free and clear of mortgages or liens.
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