Quitclaim deeds are legal documents and types of real estate deeds that allow grantors to transfer real property to grantees. When transferring the property, however, a grantor does not make any warranties or promises regarding the property.
Essentially, a grantor is conveying whatever interest they do have in the real property, even if there is a debt attached to the property. There are no quitclaim covenants.
In other words, quitclaim deeds do not include a title of covenant and provide the least amount of protections of all the types of deed transfers.
What Are the Requirements of a Quitclaim Deed?
A quitclaim deed has certain requirements, including:
- Being in writing;
- Describing the property in question;
- Listing the names of the grantor and grantee.
How Do I Contest a Quitclaim Deed?
It is very difficult to revoke a quitclaim deed. In order for the grantor to contest a quitclaim deed, they must show that the deed was signed under:
In other words, a grantor must show that they did not sign over the property voluntarily and that they did not intend to convey the property.
What Are Some Possible Quitclaim Deed Loopholes?
There are several examples of loopholes an individual may be able to find with a quitclaim deed, including:
- It has a lien or other claim against it, so the title is not clear;
- A grantor can only transfer full ownership if they actually have it;
- There may be a need to establish ownership rights in certain cases.
These issues may result in a quitclaim deed being deemed worthless or may cause confusion regarding ownership and title.
What Is the Statute of Limitations to Challenge a Quitclaim Deed?
In the majority of states, the statute of limitations for challenging a quitclaim deed is two years. It is important to note, however, that this may vary by state.
In California, for example, the statute of limitations is five years. This means that if an individual wants to challenge the validity of the quitclaim deed, they must do so within the time period prescribed in the statute of limitations.
What Are the Uses of Quitclaim Deeds?
Local governments often use quitclaim deeds when they are selling property that has been foreclosed upon. In addition, individuals who are transferring property into their living trust may use a quitclaim deed.
A quitclaim deed may also be used by an individual who is attempting to escape liability from a mortgage payment that they share with a spouse.
Does a Quitclaim Deed Expire?
No, a quitclaim deed does not expire. This is because it permanently transfers ownership of the property from one part to another.
What Is a Real Estate Deed?
Real estate deeds are legal documents that dictate who owns a particular piece of real property. Real estate deeds grant ownership rights in the property to another individual because they are used to transfer ownership.
In general, real estate deeds include certain information, including:
- The names of the parties;
- A description of the real property;
- The signature of the parties.
It is important for an individual to check their local state laws in order to determine if there are any special requirements for real estate deeds in order to ensure that the deed is a legal and valid document. It is also important to have the help of an attorney for any issues surrounding deeds in order to provide protections for both parties as well as ensure the transaction runs smoothly.
What Are the Main Types of Real Estate Deeds?
There are several different types of real estate deeds that are available depending upon what rights the current owner is transferring in the property. The three main categories of real estate deeds include:
- General warranty deeds;
- Quitclaim deeds; and
- Grant deeds.
A general warranty deed transfers ownership of real estate in its entirety. A general warranty deed promises a clear and free title.
A quitclaim deed transfers whatever ownership rights the current owner has in the real property, even in cases where those rights are unclear. This means that there may also be other partial owners of the property or unknown liens.
A grant deed transfers an ownership interest in real property. It also typically contains a promise that the current owner did not previously transfer the real property to another individual.
There are also other types of deeds, which may include:
Speaking to an attorney will assist with determining which type of deed is the best way to transfer real estate ownership interests in a particular situation.
How Are Real Estate Deed Disputes Handled?
As previously noted, quitclaim deeds may often cause disputes to arise. These types of disputes typically arise because there is not a clear title or a promise made, which turns out to be untrue.
It may be helpful to examine a deed dispute example that may arise from a quitclaim deed. Recall the previous scenario where the individual used a quitclaim deed to transfer their property interest.
Suppose there is a third party who also claims to have an interest in the real property and wants to dispute the transfer as invalid. Common assertions that may be made by that third party include forgery, fraud, or that there is no signature present to legally execute that deed.
In order to resolve this type of issue, an individual would have to present evidence which supports the validity of the transfer. The best evidence would be having the deed recorded.
However, if that did not occur, other evidence may include written communication, a witness to the actual transfer, or proof of the original transfer, which shows how much interest or title existed prior to the quitclaim deed being used.
How Can Real Estate Deed Conflicts Be Prevented?
Documentation is the best way to prevent future conflicts regarding real estate deeds. It is important to ensure all aspects of a transaction are in writing so there is proof of action if a conflict arises.
If the parties sign a contract or an agreement that outlines the terms of a transfer as well as how to handle any future disputes, it may help prevent conflicts. It may also help navigate any that may arise.
Another method to prevent real estate deed conflicts is to run a title search. A title search will confirm that a seller legally owns the real property.
Title searches will also reveal any co-owners, liens, or other issues that may cloud a title. Title insurance can also provide a buyer with an additional layer of protection.
Are There Any Legal Remedies for Real Estate Deed Disputes?
Yes, there are several possible legal remedies which may apply in a real estate dispute, including:
- Compensation which is awarded to remedy an unknown lien or other type of defect, depending on the type of deed involved;
- Other monetary damages for economic losses suffered;
- Equitable remedies in certain types of cases, such as boundary disputes with a neighboring property. For example, a court may order a homeowner to move a fence if the property was incorrectly described on a deed.
Do I Need a Lawyer?
It is essential to have the assistance of a property lawyer for any questions, issues, or concerns you may have with a quitclaim deed or a property transfer. Your attorney can examine your case, determine if another type of deed should be used, and assist you if any issues arise related to your deed.
It is important to have an attorney review your deed or any other legal documents related to a property transfer before you sign them to ensure that they will be valid and enforceable under the laws of your state. If you have already signed paperwork or need to challenge a deed, your attorney will be glad to assist.
