Quit Claim Deed

A quit claim deed allows the owner to sign over all ownership and financial interests in a property. For example, Sam can quit claim his interest in the Brooklyn Bridge to Ilyce. If he doesn’t actually own the Brooklyn Bridge, the quit claim would be worthless.

But if Ilyce quit claims her interest in her home to Sam, and she actually owns the property, then the quit claim deed would have value, and Sam would own the property. Once Sam owns the property, he can do with it what he wants. That’s why you have to take extreme care before executing a quit claim deed. A quit claim deed transfers any interest you may have in a property to someone else with no guarantee that there are no other claims against the property.

We have dozens of articles on quit claim deeds. Look below for our “Quit Claim Deed Articles” (bottom left column of this page) and our title insurance videos below (“Related”). Buy a Quit Claim Deed form from the ThinkGlink.com Store. (Click on Store tab above).

Wrong Name On Quit Claim Deed

The wrong name is put on a quit claim deed for a new property. Fixing the wrong name on a quit claim deed depends on who gave you the property via quit claim deed. Talk to a closing agent, settlement agent or title company to find out if you can fix the wrong name on a quit claim deed. The process to rerecord a wrong name on a quit claim deed varies state to state. Talk to a real estate lawyer if the wrong name is on a quit claim deed.

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Quit Claim Deed May Cause Higher Property Tax

Watch out for property tax issues with a quit claim deed. Using a quit claim deed to gift a vacation property to a family member may be a big tax mistake and cause higher property tax.
A quit claim deed gift may mean a large amount of property taxes. Instead of receiving a vacation property from a family member using a quit claim deed, it’s much better to receive a property through inheritance or buy the property. Explore other ways of giving your house to a family member, rather than using a quit claim gift.

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Quit Claim Deed To Remove Spouse From Deed

A husband uses a quit claim deed to remove his spouse’s name from the deed. Bad credit makes it hard to get a loan. Removing the name of a spouse with bad credit from a deed might help in getting a loan. If your name is removed from a deed find out if your name is still on the mortgage for that home. There are a few other reasons to have your spouse sign a quit claim deed and remove their name from the deed.

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Quit Claim Deeds Filed By Sister Lead to Problems

A quit claim deed transfers ownership of a house over to a specific person or group of people. If you feel that someone has filed a quit claim deed for illicit purposes, it is best to contact a lawyer to see what your options are.

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Quit Claim Deed Gift To Family May Be A Huge Mistake

Using a quit claim deed to gift your house to a family member may be a huge mistake. A quit claim deed gift may mean a large amount of taxes. Instead of using a quit claim deed to gift your house to a family member, it’s much better to leave the house in your will or set up a trust. A quit claim deed can also be a quick way to lose your home if the person whom you signed the quit claim gift to decided to sell the house or loses it to foreclosure. Explore other ways of giving your house to a family member, rather than using a quit claim gift.

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Selling A Timeshare Back To The Developer

If you purchased a timeshare back when real estate was hot and now you have second thoughts about owning the timeshare, your first thought might be to give the timeshare back to the developer. However, you just can’t give the timeshare back to the developer without the developer’s approval. Even if you use a quit claim deed and transfer the timeshare back to the developer, the developer must accept the delivery of the quit claim deed. Your options are to sell the timeshare in the open market, hire a company to sell it, trade the timeshare, or rent the timeshare.

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Will Quit Claim Deed Help If The Market Value Of Home Is Underwater

A quit claim deed will probably not help a homeowner who is underwater on their mortgage. A quit claim deed will not remove the obligation to pay the mortgage. You can restructure a mortgage through a refinance or maybe a home loan modification if your finances aren’t too bad. A quit claim deed will probably not help a homeowner who is underwater on their mortgage.

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Quit Claim Deed Causes Family Problems After Death

Dividing inheritance and property after the death of a loved one can be a tricky task. Quit claim deeds can cause problems if they’re not filled out correctly. A quit claim deed can divide the property among family members or even transfer property to one person. Make sure a quit claim deed is filled out properly and inheritance is divided properly between family members. Don’t let a quit claim deed cause unnecessary problems after a family member’s death.

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Quit Claim Deed May Not Require Taxes To Be Paid

If you receive a home through a quit claim deed, you will probably not owe taxes. However, if you sell the home you may owe taxes on any profit. Depending on the value of the property, the giver might owe gift tax. Please consult with your tax preparer for more information on quit claim deed taxes.

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Quit Claim Deed vs. Living Trust

When deciding how to pass on property to loved ones, there are many choices. You can transfer property now using a quit claim deed. You can transfer property later using a will. Or, you can place your property in a living trust now and set forth your wishes for the disposition of your property in the trust. The living trust can then dispose of your assets upon your death avoiding probate court requirements and you can control the property you own while you are living.

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