As long as the title and claim of the property are legitimate, there would be few means of contesting the transfer of the real estate in this way. The deed will already have given the title to the appropriate beneficiary making the probate process short or completely unnecessary. It cuts through the litigation process and can save time and money at the time of death. Quitclaim deeds are also an excellent means to transfer real property into a living trust. Avoid the probate process through transfer into a living trust The process is very much similar to when one fixes a mistake in the title. Quitclaim deeds make it quick and easy to arrange properties after marriages or divorces. Add or remove a spouse or another individual from the titleĪlong with making corrections to the title, quit claim deeds can also add or remove a spouse from the title of the deed. Once such defects or inaccuracies are clarified using the quitclaim deed, a warranty deed or special warranty deed may be used to resolve any finer details about covenants in the transfer of property. The quitclaim deed can resolve all of these by using the correct and intended information for the title that then is notarized by a county or city official. Mistakes can be as simple as a spelling error in the name of the titleholder to something as complex as ambiguity around who the real titleholder is. Quitclaim deeds are also an efficient means of correcting a mistake on the title without extra costs and time in legal litigations. Often, using the quitclaim deed in these scenarios means that there is no sale on the property or money trading hands. Typical arrangements between family members include parents passing on their house to their adult children or siblings trading real property with each other. The grantor and the grantee then would either have knowledge about or be able to trust the claim to the title of the property. Since this deed offers the least amount of buyer protection, it is often used for transferring properties between people who trust each other-such as family members. Transfer real property between family members You would be surprised then to learn that there are a lot of practical and convenient uses for a quitclaim deed. By Stateīecause of the uncertainty that comes with quitclaim deeds, it is common to think that these documents are unreliable and aren’t worth the risk. The firm can be reached at 54.A quit claim deed must be signed with witnesses present or notarized in accordance with State law. If the quitclaim deed is not filed with the state, it won’t hold up to any future claims made on the property in question.Ĭall AC Rieman Law today if you are in need of a quitclaim deed. For example, when one spouse acquires the marital home in a divorce settlement, the other spouse could execute a quitclaim deed eliminating their interest in the property and transferring the entire claim to the other spouse quickly and inexpensively.Ī quitclaim deed must be filed with the state of Virginia to be effective. Quitclaim deeds are often used in divorce, whereby one spouse terminates any interest in the jointly owned marital home, thereby granting the receiving spouse full rights to the property. Quitclaim deeds are most often used to transfer property between family members, as gifts, placing personal property into a business entity (and vice versa), or in other special or unique circumstances. While it is possible to write these items up yourself, they may be rejected if not properly prepared.ĪC Rieman Law provides deed and land record attorney services in Central and Northern Virginia, serving Culpeper, Fredericksburg, Charlottesville, Front Royal, Manassas, Fauquier County, and surrounding Virginia communities. Land Records staff is prohibited from giving legal advice and does not provide deed forms, so it is encouraged to work with an attorney when this documentation is needed. Amanda Rieman Sarago also runs her firm with a basis of ethical beliefs and values and offers affordable legal solutions, so cost is not a blocker to getting effective legal service. Given the complexities and subsections in the documentation, having an attorney helps ensure that the process can flow quickly and correctly. Due to the nature of the preparation and storage of deeds and land records, having an attorney is recommended.Īttorney Amanda (“AC”) Rieman Sarago at AC Rieman Law has the appropriate Virginia State Bar number that needs to be present on the document in many cases. If you need help preparing a deed or land record in relation to a divorce or other proceeding in central Virginia, AC Rieman Law is here to help. Coaching and Consultation in the Field of Divorceĭeeds and Land Records Attorney in Virginia.
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