Quitclaim Deed

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Related to Quitclaim Deed: Warranty deed, Special Warranty Deed

Quitclaim Deed

An instrument of conveyance of real property that passes any title, claim, or interest that the grantor has in the premises but does not make any representations as to the validity of such title.

A quitclaim deed is a release by the grantor, or conveyor of the deed, of any interest the grantor may have in the property described in the deed. Generally a quitclaim deed relieves the grantor of liability regarding the ownership of the property. Thus, the grantor of a quitclaim deed will not be liable to the grantee, or recipient of the deed, if a competing claim to the property is later discovered. A quitclaim deed is not a guarantee that the grantor has clear title to the property; rather it is a relinquishment of the grantor's rights, if any, in the property. By contrast, in a warranty deed the grantor promises that she owns the property with no cloud on the title (that is, no competing claims).

The holder of a quitclaim deed receives only the interest owned by the person conveying the deed. If the grantee of a quitclaim deed learns after accepting the deed that the grantor did not own the property, the grantee may lose the property to the true owner. If it turns out that the grantor had only a partial interest in the property, the quitclaim deedholder holds only that partial interest.

In some states a quitclaim deed does not relieve the grantor of liability for all encumbrances, or clouds, on the title. In these states a grantor must warrant that neither the grantor nor anyone associated with the grantor has a claim to the title. The grantor must defend the title for the grantee if a cloud on the title arose under or through the grantor. For example, if a contract made by the grantor resulted in a lien being placed on the property, the grantor would have to defend against that claim for the grantee, even under a quitclaim deed. If the property has changed hands several times after the cloud first appeared, however, the grantor may not be liable to the grantee.

Further readings

Anding, Gregory. 1994. "Does This Piece Fit In? A Look at the Importation of the Common-Law Quitclaim Deed and After-Acquired Title Doctrine into Louisiana's Civil Code." Louisiana Law Review 55 (September).

"Real Property." 1994. SMH Bar Review.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

quitclaim deed

n. a real property deed which transfers (conveys) only that interest in the property in which the grantor has title. Commonly used in transfers of title or interests in title, quitclaims are often made to family members, divorcing spouses, or in other transactions between people well-known to each other. Quitclaim deeds are also used to clear up questions of full title when a person has a possible but unknown interest in the property. Grant deeds and warranty deeds guarantee (warrant) that the grantor has full title to the property or the interest the deed states is being conveyed, but quitclaim deeds do not warrant good title. (See: title, deed, grant deed, convey)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
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Changing the ownership of the property, which the owners may easily accomplish with a quitclaim deed, may result in unexpected gift-tax issues.
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The court also noted that legal title was transferred to the taxpayers in 1995 via a quitclaim deed, although it was not recorded.
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Thus, one must carefully look for any consideration being paid in these transactions or the lack thereof before completing the preparation, execution, and recording of a quitclaim deed.
On the same day, Moore recorded a quitclaim deed, transferring any ownership she might have in the house as his wife back to her soon-to-be ex-husband, Tmz reported.
The IRS Office of Chief Counsel advised a member of the National Taxpayer Advocate Office that a tax lien attached to property that a husband transferred to his wife in a divorce settlement where the quitclaim deed conveying the property was not registered prior to the filing of a Notice of Federal Tax Lien.
He had me do a quitclaim deed for my property without my knowing my name would not be on the deed.
Readers are frustrated by confusion between words with similar appearance or sound such as moot and mute; lost and loss; lose and loose; incidence and incidents; reign and rein; led and lead; pour and pore; tortious and tortuous; pique, peek, and peak; quick and quit (think quitclaim deed) and many others too ugly to name.
After the notice of lien was filed, the husband and his wife jointly executed a quitclaim deed allegedly transferring his interest in the property to her for $1.