When do you use quit claim deeds? Primarily to clear up any interest someone may have in real estate by them signing the quit claim deed, they say that, “Look, if I have any interest in this property, I’m releasing it, I’m not stating that I do or do not have any interest in the property. But if I do, well I’m releasing it to whoever you’re transferring the property.” They’re used quite a bit to clean up any discrepancy and legal descriptions that are in the, what we call the chain of title, in that someone conveyed their property and there was a misspelling or there was a sentence missed out of the legal description, and it’s clear that they meant to convey the property.
However, as a result of a typographical error or some other problem with the deed, it did not clear up the title. And so the quit claim deed used clear that mistakes up that are made in transferring property, usually from a prior owner. Sometimes the quit claim deeds are used by relatives in the estate situation where has left of four or five children and they say, “Oh, well I want my sister to have this.” Well, they’ll sign a quit claim deed transferring whatever interest they have in the property to a particularly family member whom they would like to own the property.
Another time that quit claim deeds are used is whenever there’s a divorce proceeding, and the judgment should provide for the conveyance of a spouse’s interest in the property. However, if it does not, and directs them to execute a deed, well they would usually use a quit claim deed since they’re not warranting title. So quit claim deed says that, “I’m conveying whatever interest I may have in this property to you.” There’s no warranties that the person who signs the deed, that they have any interest in the property, but as to clear up questions about prior conveyances or court orders. If you have any questions about quit claim deeds and their use, well give me a call at (727) 847-2288.