Can I Sell My House with a Quit-Claim Deed Only?

Answer

When you have made the decision to sell your home, one of your first concerns is probably how much it will cost. What is the purpose of bringing in all that more money if you are going to shell out a significant portion of it on expenses and fees paid to professionals? Some homeowners even make the decision to sell their homes without the assistance of a real estate agent or title business. These entrepreneurial people undertake the job themselves and may even find a market for their product or service. When it comes time to actually prepare the deed, the complexity of the situation becomes abundantly clear. Only a quitclaim seems to be possible for a layman to complete, although it is possible that the buyer will not agree to this option.

Tip

Transferring ownership of your property with simply a quitclaim deed is not considered to be in violation of any laws. On the other hand, the purchaser can object to this kind of action.

Quitclaims Are Quick

Quitclaim documents are a seller’s joy. Because the majority of states provide straightforward forms with blanks to be filled in for this kind of property transfer, and because entering the information into the form takes such a short amount of time, some people refer to these documents as “quick-claim deeds.” You just need to make sure that you are familiar with and adhere to the policies and procedures of your state.

You may obtain the California form, for instance, from the website of a county law library, such as the one that is kept by the Sacramento Court, if the property in question is located in San Francisco. The process that must be followed to ensure that the transfer of this property is legal is also outlined on the form. You are required to fill in the names of the grantor (that would be you) and the grantee (the buyer), fill in the legal property description (which can be found on your property tax statement), and sign the document in front of a notary public. Original documents need to be submitted to the City Hall office of the assessor-recorder before they may be considered legitimate.

Quitclaims Make No Promises

Do you remember the man or girl you dated in college who would never tell you where they went last night or even commit to a relationship with you? That’s what a quitclaim deed looks like in human form. The buyer is given any and all interests that you could have in the property, but the deed does not specify whether or not you really have any interests in the property or what those interests might be. In the same vein, there is no mention made of any liens or other encumbrances that are placed on the property.

For this reason, quitclaim deeds are not accepted in the majority of transactions involving the sale of real estate. Since they are putting their money into a property interest, it is only logical for them to want the deed to ensure that the grantor has that interest. The sale of a property will often include the use of a warranty or grant deed. These deeds include solemn pledges. The seller certifies that she owns the property, that she does not have any hidden liens on it, and that she has the legal authority to sell it by signing the contract.

Cases For Quitclaims

In most cases, quitclaims are reserved for use in extremely particular circumstances. They are ideal for transferring your house to your trust, for transferring your home as a gift to a family or a friend, and for transferring your interest in the event of a divorce to either your current spouse or the spouse you will soon be divorcing. This is due to the fact that it is less needed in these kinds of situations for the deed to recite all of the commitments that are required in a transaction with equal parties. A quitclaim deed may also be used to transfer a spouse’s dower or community property rights, if there are any, in a piece of real estate that you are selling in order to remove any potential uncertainty from the title.

But a quitclaim deed is a legal instrument and does convey your stake. If you are able to locate a buyer who is willing to take one (maybe your favourite niece? ), then using one will not be considered a criminal conduct on your part.