What is Quitclaim Deed Drafting?
A quitclaim deed is a document transferring the ownership or interest a person has in a property to another party. It’s commonly used between parties who trust each other, such as family members. You can also use it in certain situations, such as if your property title has an error you want to remedy.
This legal document basically states that the party transferring ownership is giving up their ownership completely, but it doesn’t provide any guarantees to the grantee.
If you need to draft a quitclaim deed, there are important things to consider.
Read the rest of this article to learn more, as well as how a lawyer can help you with the drafting process.
What Information Does a Quitclaim Deed Contain?
A quitclaim deed is a concise document that provides information such as the following:
- Parties. The grantor (the person transferring interest) and the grantee (the recipient) must be listed with all correct details, such as their full legal names and addresses.
- Property description. A full, detailed, and legal description of the property must be included.
- Transfer of interest. The grantor must state that they are releasing all claims and rights to the property.
- Payment. The quitclaim deed might specify an amount for the grantee to pay, but it can also be a gift in which case there won’t be any payment terms.
- Parcel number. This is a number assigned to you by the tax assessor. You can find it on your property tax statement.
- Signature and notarization. Quitclaim deeds should be signed by the grantor and notarized to be legally valid.
How Do You Draft a Quitclaim Deed?
When writing a quitclaim deed, there are some important things to prepare and do so that it’s legally valid and accurate.
Check the Laws
Since quitclaim deeds have different legal requirements in different states, it’s essential to review the governing laws that apply to you prior to drafting the document. For example, in some states both grantor and grantee need to sign the quitclaim deed. In others, you will need a specific number of witnesses.
Be Wary of Generic Templates
While you might think buying a quitclaim template is a convenient way to draft one, if it’s generic and doesn’t allow you to customize it, it could lack legal validity. Ideally, the template should be drafted by a lawyer.
On ContractsCounsel, one of the largest legal marketplaces, you can purchase a quitclaim deed template that’s been drafted by a professional, qualified lawyer. This is a downloadable quitclaim deed template that you’ll be able to use instantly upon payment. You can also book a consultation with the lawyer who drafted it if you have any queries.
File the Deed
Once you have drafted a quitclaim deed, you need to file it with your county recorder in the county where the property is located.
What are Pros and Cons of Quitclaim Deeds?
There are specific advantages and disadvantages of using quitclaim deeds.
Pros
- A quitclaim deed is a short document that isn’t time-consuming to draft and file.
- Since it’s legally binding, it effectively transfers property rights and can be used as evidence of property ownership in a property title search.
- It’s an easy way to transfer property in families.
Cons
- While quitclaim deeds are best for parties who trust each other, they are not ideal for parties who don’t because the grantee receives no warranties.
- A quitclaim deed doesn’t remove a property owner from their obligations, such as if they have to pay a mortgage.
- If there’s title confusion on a property, there could be issues that become the grantee’s problem to sort out.
Do You Need a Lawyer for a Quitclaim Deed Drafting?
Hiring a lawyer to draft a quitclaim deed is a smart move, even if you feel confident to draft it yourself. A lawyer will save you from making mistakes in the document that could result in the quitclaim deed not being legally valid.
Here are some reasons why a lawyer should draft your quitclaim deed:
- Although quitclaim deeds seem simple, they require knowledge of state laws as these can vary quite a bit. A lawyer has in-depth legal knowledge to assist you.
- A lawyer will professionally draft the deed by using specific legal language and exact formatting that’s required.
- Even before you decide to draft a quitclaim deed, a lawyer will assess if it’s appropriate for your situation or if a warranty deed might be better suited.
- They’ll explain what rights you’re transferring and what liabilities you might have to face, such as tax consequences. It’s easy to miss these if you don’t have experience.
- They’ll check for any hidden issues before drafting a quitclaim deed. A prime example is homestead protections, which means that a spouse’s consent is required prior to a property being transferred, and it’s a requirement in some states.
- They’ll help you to avoid future hassles from a defective deed that might not be immediately evident but which could arise when the property is sold or you conduct a title search.
- They’ll help you with any queries you have throughout the process.
Where to Find a Lawyer for Quitclaim Deed Drafting
If you need to hire a lawyer to quickly draft a quitclaim deed, you might assume that you have to cold-call traditional law firms. This isn’t the case with online legal platforms that make the process much easier.
On ContractsCounsel, you can connect with qualified lawyers who have been vetted on the platform and have the experience in drafting legal documents such as quitclaim deeds.
To request a lawyer on the platform to draft your quitclaim deed, follow these simple steps:
1. Go to the ContractsCounsel marketplace, where you can post your project for free. Include a few details of what you require so you’ll be directed to the right lawyers.
2. You’ll receive multiple bids from lawyers on the platform who can assist you with your document drafting.
3. After receiving bids, review the lawyers' profiles. There’s lots of info on the platform to help you choose the best lawyer, such as their location, client ratings, years of experience, and field of expertise.
4. Connect with a lawyer you think is best suited to your requirements and hire them to draft your quitclaim deed.
