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Home Q&A Forum What is a quitclaim deed?

Real Estate

Quitclaim Deed

Georgia

Asked on Sep 30, 2023

What is a quitclaim deed?

I recently inherited a property from a family member and I was told it was transferred to me through a quitclaim deed. I am not familiar with this type of deed and would like to know more about it, including what rights and responsibilities I have as the recipient of this deed. I have also heard that quitclaim deeds can be used to transfer property from one person to another, so I would like to know more about what this process entails.

1 Attorney answer

Answer

Real Estate

Georgia

Answered 271 days ago

Bobby H.

ContractsCounsel verified

Business Lawyer
Licensed in Georgia
Free Consultation

in theory, any writing in which an owner intends to transfer propery that is adquatedly described and delivered to the transferee may function as a deed. However, in practice, you will find there are generally three broad categories of deeds mostly used to convey property in Georgia, depending on certain warranties, or the lack thereof, contained therein. These categorizes include warranty deeds, limited warranty deeds, and quitclaim deeds. In a warranty or general warranty deed, the grantor generally warrants title, and promises to defend the grantee against third party title claims that either arose, or which are based on events occuring at anytime during the grantor's ownership of property OR the ownership of any of the grantor's predecessors in title. In a limited warranty deed, a grantor generally warrants and promises to defend the grantee against title claims which arose, or which are based on events occuring during the grantor's ownership only. A quitclaim deed generally contains no warranties. Therefore, the grantee or transferee of a quitclaim deed has little to no recourse against the grantor if there is an issue with the title to the property based on the deed alone. Quitclaim deeds are often used when there is little or no money being exchanged for the property such as when there is a transfer of family property, between family members or where property is gifted.

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