Property Transfer Using a Quitclaim Deed - Quicken Loans Zing BlogLet’s say Fred and Barney are roommates. One night, after spending the day working at the rock quarry, they go to the local watering hole where Fred meets Wilma.

Fred and Wilma immediately hit it off and after a few dates over Brontosaurus burgers, they announce their intention to get married and move into the quaint little rock ranch next door while rates are low.

The property is in Fred’s name. How can Fred get Barney on the title to the old property so he can continue living there? They’d use a quitclaim deed.

What’s a Quitclaim Deed?

Whether you live in the town of Bedrock or New York City, a quitclaim deed is an easy way to transfer rights to the use of property.

The form for the deed may vary slightly, but the way they work is pretty standard. In a situation where you’re not selling the property, you can grant your ownership interest to someone else. This can be useful when you’re trying to add your new spouse to the property title, remove them after a divorce or to help clear up who owns inherited property.

A quitclaim deed often includes consideration for the person’s property interest if they’re being removed from the title. This consideration amount is listed on the quitclaim deed and also helps local authorities determine any transfer taxes that are due.

Property Transfer Using a Quitclaim Deed - Quicken Loans Zing Blog

Divorce

If you’re looking to remove your ex-spouse from the title on your property, you’ll need to show a copy of the divorce decree or marital settlement agreement to be able to take them off the loan. This is so the mortgage lender can make sure the divorce has gone through. It also lets them know if there’s any monetary restitution due to the party being removed from the title and helps verify transfer tax.

If you’re separated when buying a house, your spouse will still have to sign all the paperwork and you can get a quitclaim done once your divorce is final.

Limitations of the Quitclaim

There are some limitations on a quitclaim that you should know about before handling all your property transfers this way.

It’s important to note that the execution of a quitclaim deed doesn’t necessarily mean that the person had ownership rights to give you. Instead, it means the person is transferring over any right they may have had in the property to you.

For this reason, if anyone is trying to give you property through a quitclaim, make sure you know what your property rights are. You want to know going in if anyone else has ownership interest. Using a quitclaim deed in a traditional sale is risky.

Of course, Fred’s Home Loan Expert at Quicken Loans would walk him through all of this.

Do you still have questions on quitclaims? Leave us a note in the comments and we’ll do our best to answer them.

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This Post Has 375 Comments

  1. My in-laws and my husband share a property 50%/50% out of state. We have taken care of the property for years. The in-laws have decided to fill out a Quit Claim Deed on this property. Where do I take this notarized deed so I can remove their name from the property? Do I use an attorney? or Tax person? Mortgage Lender? City office? or can I do this myself? if yes, to whom would I take this document?

    What are the advantages and disadvantages of the Quit Claim Deed?
    Thank You
    Peace

    1. Hi Peace:

      You can do it yourself or use an attorney depending on what you feel comfortable with. The forms for a quitclaim deed should be available online. You would take it to the city or county clerk. I would ask them which office to take it to ahead of time.

      In terms of the advantages and disadvantages of quitclaim deeds, the advantage is that you don’t have to deal with title insurance, so it’s the easiest thing to get. The downside is that with a quitclaim deed, your in-laws would only be signing away their rights to the property. You have to be certain no one else has a legal claim to that property of any kind. If they do, that could cause trouble down the line. If you get a traditional title with title insurance, the title company will do a title check and make sure everyone is in the clear. They would stand behind you if there was ever a claim. Still, if you’re sure that your in-laws and your husband would be the only ones with a current legal ownership right, a quitclaim is probably the way to go. Hope this helps!

  2. Hi, my mother-in law has a mortgage with Quicken loans and can no longer afford to make the payments. We were going to use a Quit Claim deed to transfer the property to us, but didn’t know how we handle the mortgage. Can we get added to her current mortgage or do we need to refinance her loan with a new mortgage?

    1. Hi Douglas:

      There might be a couple of options we can look into to help you and/or your mother-in-law. Given the situation here, I’m going to get this over to our client relations team to reach out to you and get contact information for you and your mother-in-law. We can go from there. Thanks for reaching out!

  3. Hi,

    I refinanced a loan through Quicken Loans in 2013 to have my ex removed from the mortgage. The new loan is currently under my name only however Quicken loans requested that he sign the mortgage contract (that states the property is collateral should payment default occur) since he had interest in the property prior to me refinancing. At the closing, he signed a Quitclaim Deed to transfer all of his interest and ownership to me. It has been notarized and recorded with the county recorder’s office. My question are 1) does Quicken Loans need a copy of my certified quitclaim deed so there are no gaps in chain of title? 2) Will I have any challenges when trying to sell my property? The loan and property taxes are under my name only. Located in Illinois. Thank you for you assistance.

    1. Hi Diane:

      I’m going to get this to our team to reach out regarding any documents that may be required. If he has signed his rights away, I can’t see there being an issue with the actual sale. Someone will be reaching out. Thanks!

  4. Hi,

    I own a rental property in Florida with a mortgage in my name. I’d like to transfer the title to my wife using a Quitclaim deed, but for us to continue to make payments on the existing mortgage. Does this sort of transfer of title to a spouse require me to go out and find a new mortgage, pay closing costs, go through escrow again, etc? Thanks for your help!

    Dave

    1. Hi Dave:

      I recommend you speak to the servicer handling your loan. That’s whoever you make the payments to. Because the title is being transferred to your spouse, you may not have to do anything special. However, every servicer has different policies. The other option would be for your wife to assume the payments on the loan. She would have to show she has the income and assets to do this, but it’s not a refinance. If she qualifies, you could continue making the payments under the same loan terms. Hope this helps!

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