How to Get a Quit Claim Deed

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A quit claim deed is a legal document that is used by the owner to transfer the ownership (or title) of real property or real estate to another party. A quit claim deed is most commonly used to transfer property from the name of a parent to a child, or from one spouse to the other, but it can be used for any other transfers that are required. Generally, warranty deeds are used when it comes to transferring the ownership of property; quit claim deeds differ from these in that they offer no guarantees, transferring the title to property as is. However, much like a warranty deed, a proper procedure needs to be followed in order to obtain a quit claim deed.

  • Begin by ensuring that you have the original, most current deed to the property – title cannot be transferred without this. If you are unable to locate it in your records, you may have to look into getting a new copy from the relevant office (e.g. the registry of deeds). This procedure may cost you a small fee. You will also need to find out your property’s parcel number, as you will need to use this when drafting the quit claim deed – you can find this listed on the most recent property tax bill.
  • Start writing the quit claim deed by stating the names and residences of both parties involved – in addition, you will also need to specify that both parties are adults. Make sure you refer to the owner of the property as the “grantor” and the receiver as the “grantee”.
  • Next, move on to state clearly that the grantor is quitting her/his claim to the house or property, and transferring the ownership of the property in question to the grantee. Once this has been clarified, proceed to describe the house or property in question, mentioning both the street address, as well as the legal description in full. Mention the amount of consideration, and leave spaces for dates and signatures, as well as a signature block for the notary public.
  • Check the requirements for a quit claim deed in your province. These might differ in regards to format (e.g. font, margin spacing, structuring), the signatures required (the grantor always needs to sign, but in some cases a witness needs to sign too), and any additional information needed (any specific statements that might be required on the quit claim deed). Make sure your quit claim deed adheres to the legal requirements of your province.
  • Once the deed has been drafted as per requirements, have it printed out and get all the signatures. The signature of the grantor must be notarized – i.e. a notary public needs to witness it, and then stamp the deed.
  • Finally, have the deed recorded (a fee is generally charged for this), and then wait for it to arrive in the mail. When you receive it, make sure you keep it safely, as this is an official record of who owns the house or property.
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