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Home Q&A Forum How enforceable is a quitclaim deed?

Real Estate

Quitclaim Deed

Georgia

Asked on Sep 30, 2023

How enforceable is a quitclaim deed?

I recently inherited a piece of property from a family member and have been told that a quitclaim deed is the only way to transfer the title to my name. I am concerned about the enforceability of this document and would like to understand the potential risks and benefits associated with using a quitclaim deed. I am also curious about the legal requirements for making a quitclaim deed valid.

1 Attorney answer

Answer

Real Estate

Georgia

Answered 272 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 is enforcable against the GRANTOR. Thus, a quitclaim deed is generally a valid deed, provided that it has been executed with the requiste formalities for purposes of recording in the public records, and adequetly describes the property. Generally, the term "quitclaim" simply signifies the the grantor does not promise to defend the grantee against any third party title claims. To be properly executed, the deed generally must be executed by the grantor in the presence of the notary, notarized, and signed by the notary and one additional witness. Without meeting these requirements, the deed may not be accepted for recordation in the property records, which also makes the deed "enforceable" against third parties, because it service as notice to those who do not have a previously recorded interest in the property of the grantee's title. In sum, a deed, including a quitclaim deed is generally enforceable against the grantor, but must be executed with the above formalities AND recorded to be "enforceable" against, or serve a notice to third parties of the new owner's interest in the property.

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