Warranty Deed Vs Quitclaim Deed For Gift In Pima

State:
Multi-State
County:
Pima
Control #:
US-00186
Format:
Word; 
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Description

This form is an Authority to Release. The county clerk is authorized and requested to release from a deed of trust a parcel of land to the executor of the estate. The form must be signed in the presence of a notary public.

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FAQ

Quitclaim deeds, therefore, are commonly used to transfer property within a family, such as from a parent to an adult child, between siblings, or when a property owner gets married and wants to add their spouse to the title. Married couples who own a home together and later divorce also use quitclaim deeds.

It's safer to use a warranty deed any time you are not entirely sure of your or someone else's ownership stake in any property. If you are transferring a property to your child or to a revocable trust agreement as part of an estate plan, then a quitclaim deed could do the trick.

A warranty deed makes a promise to the buyer that the seller has good title to the property. A quitclaim deed, on the other hand, makes no promises. A quitclaim deed just says; whatever interest I have in this property, I give to you.

In summary, a quitclaim deed may not be suitable in situations where there is uncertainty about ownership, when a buyer wants protection against potential title issues, when obtaining a mortgage or refinancing, or in certain real estate transactions that require more guarantees and protections.

Moreover, a quitclaim deed does not convey any after-acquired title.

A quitclaim deed is only valid if both parties willingly performed the property transfer. If there is evidence that the grantor was coerced into filing the quitclaim against their will, this is grounds to revoke it.

It's safer to use a warranty deed any time you are not entirely sure of your or someone else's ownership stake in any property. If you are transferring a property to your child or to a revocable trust agreement as part of an estate plan, then a quitclaim deed could do the trick.

A Quit Claim Deed transfers the property without any warranties or guarantees about the title, while a Deed of Gift transfers the property as a gift and typically includes warranties about the title and ownership.

General warranty deeds: A general warranty deed provides the most protection to the buyer but gives the grantor the highest degree of liability. The grantor of a general warranty deed fully warrants good, clear title to the property.

Quitclaims, waivers, or releases by employees are generally looked upon with disfavor and are commonly frowned upon by the courts, since they are usually contrary to public policy, ineffective, and are meant to bar claims to an employee's legal rights.

More info

A warranty deed and a quit claim deed are both legal documents that can be used to transfer ownership of real property. Arizona offers two ways to accomplish this: a quit claim deed or a warranty deed.Warranty deeds are the safer option when buying property versus simply transferring ownership. Most buyers will want this option. One of the services offered at Arizona Statewide Paralegal is the filing of a quit claim deed or warranty deed in order to add someone to the title of a house. A warranty deed can be used for most property transfers. A quitclaim deed can transfer ownership to a specific, trusted person. So you don't need to complete an affidavit of value, but the deed needs to say why it is exempt. Here's an example deed showing an A7 exemption. Any document which modifies a previously recorded document must state the recording date, and docket and page or sequence number of the document being modified.

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Warranty Deed Vs Quitclaim Deed For Gift In Pima