Home Q&A Forum Do quitclaim deeds expire?

Real Estate

Quitclaim Deed

California

Asked on Oct 3, 2023

Do quitclaim deeds expire?

I recently inherited a piece of property from my late uncle. I have recently received a quitclaim deed for the property, but I'm not sure if it is still valid. I am interested in selling the property, but I need to know if the quitclaim deed is still valid and will not expire.

Answers from 1 Lawyer

Answer

Real Estate

California

Answered 901 days ago

Sarah S.

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June 19, 2023

A quitclaim deed typically maintains its validity over time, but there are key factors to keep in mind: Proper Execution: To ensure the quitclaim deed remains valid, it must have been correctly executed when your late uncle transferred the property to you. This usually entails the presence of a notary public or witnesses and adherence to your state's legal requirements for deed execution. Recording: For safeguarding your interests and confirming the deed's legitimacy, it should be officially recorded with the relevant government office, often the county recorder's office. Recording serves to establish a public record of the property transfer.

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You probably want an attorney to review the deed and make sure it looks ok. You also want an attorney to help you with completing the Preliminary Change of Ownership Form (used by county to determine reassessment of taxes). If all of that looks good, then you want to record the deed with the county recorder. I can review deed and help with Preliminary Change of Ownership Form for $295. Same Day Service.

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Generally, an owner of property and the potential purchaser would use a Quitclaim Deed when there is no need to warrant or guarantee that the property is free and clear of liens. In other words, the seller does not warrant and guarantee that the property is free and clear of any and all liens. A common use would be when the property has been in the family and the transfer of the property is between family members knowing that there are no liens on the property and all taxes have been paid on the property.

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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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Notwithstanding any statory formalities required for purposes of recording in the public records, 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 only warrants and promises to defend the grantee against title claims which arose, or which are based on events occuring during the grantor's ownership. 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. Generally, in circumstances where there is a transfer of family property, between family members, in which no money is being exchanged, a quitclaim deed is fine. However, there may be certain tax consequences if the family member were to later resale the property. He/she may want to consult a tax professional prior to do so.

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