I am trying to find out what a Quick Claim involves. Please help.

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I am trying to find out what a Quick Claim involves. Please help.

Asked on May 11, 2009 under Real Estate Law, California

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A Quitclaim Deed does not include any promise or guarantee by the person making it (i.e. the Grantor) about the nature or quality of that interest, or even if any interest exists at all.

Provisions of a Quitclaim Deed include the following:

  • Consideration paid: A record of the valuable consideration paid should a dispute arise;
  • Grantor’s and Grantee’s name and address: To locate the parties to the deed;
  • City and County where property is located: Describes the property with specificity;
  • Signature of parties: Binding them to the deed; and
  • Notary Acknowledgment: Notarization will make it more difficult for any third party to challenge the validity of the Deed and will allow the Deed to be recorded as a public record.



Because it only transfers the rights that the grantor has in the property, it does not guarantee that the property is the grantee's outright. If others with an interest in the property have not signed the deed, then their rights are unaffected by this document — they still retain their ownership.

The Quitclaim Deed is useful when there is a cloud of title (when someone else might have a claim to the to the property). While quitclaim deeds don't necessarily give you an interest in property that's free and clear, they at least give you the interest that the grantor had.



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