Understanding Quitclaim Deeds

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Removing someone from a deed is a legal process that generally requires the person's permission; however, there are certain situations in which you can remove someone from a deed without their consent. It is very important to consult with an attorney when pursuing a quitclaim deed, whether you have that person's authorization to do so or not. Our experienced, dedicated network of attorneys can provide legal advice and assistance for as little as a dollar per day. Learn more about all the benefits of membership in our Legal Protection Subscription Plans and read on for more information about removing someone from a deed.

What is A Quitclaim Deed?

A quitclaim deed removes someone's name from a deed as an owner of a property. To get a quitclaim deed, you will need the property information from the current deed. You can usually do this by contacting the county clerk where the property is located and conducting a title search. From here you can confirm that the person in question is, indeed, named on the deed. In some states, you'll also need a completed quitclaim deed form that includes the parcel number and legal description of the property. This form must be signed and notarized. If the form is not notarized, it is not valid.

You will submit the completed form to the proper authority in accordance with the state laws where the property is located. Some states charge a fee for this. Make sure to retain a copy for your records.

There are many reasons that you might want to remove a person from a deed, including:

Divorce - One of the most common reasons people seek a quitclaim to a deed is the dissolution of marriage. A quitclaim deed is a document that states your right to transfer a property; however it doesn't guarantee that someone else doesn't also have a claim to it. Quitclaim deeds aren't used to split property or the appreciation of it, and it doesn’t remove someone from mortgage liability. They are only used to convey ownership of a property to another partner.

Death - If a joint owner of a property has passed away, you may be able to transfer the property from the deceased's name to yours by submitting some paperwork to the appropriate authorities, in some states. These documents include a death certificate, a notarized affidavit, and a new deed that is also notarized.

Inheritance - Inheriting or co-inheriting a property can mean disagreements regarding the sale of the property if some of the co-owners don't wish to sell. One legal avenue is a partition action, in which the court can order the property to be sold and the proceeds divided among the co-owners, or the property itself can be divided among the co-owners. Because this is a legal court action, this can take time and be costly.

If you need advice or assistance regarding transferring ownership of property through a quitclaim deed or another legal method, your attorney through our Legal Protection Subscription Plans for Families & Individuals may be right for you. Our network of experienced, dedicated attorneys are available 24/7 through our app to answer any legal questions you may have, all for one low, monthly fee of $29.95. Learn more about all the benefits of membership or sign up today!