Missouri Quitclaim Assignment of Assets
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How to fill out Quitclaim Assignment Of Assets?
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FAQ
The Bottom Line Different deeds provide various levels of protection to the grantee, and the form of the deed determines the obligations of a grantor. A quitclaim deed offers the least level of buyer protection and is generally used for title transfers between family members or to clear a defect on the title.
A quitclaim deed is most often used for transferring property between family members, or to add or remove a person to the title, or or to cure a simple defect on the title, such as a mistake in an address or the misspelling of a name.
A Quit Claim Deed is used to transfer the joint ownership into sole ownership. More specifically, the Quit Claim Deed removes one spouse's name from the title. The document is prepared by a lawyer. It is then filed with the recorder of deeds in the county where the property is located.
Pros and cons of a quitclaim deed BenefitsDrawbacksQuick and simple process.Doesn't guarantee property ownership.Can transfer property to a family member without going through probate.Rules can vary by state.Transfer is considered a gift, which can reduce estate taxes.Offers no protections for the recipient.
No guarantees to the new owner: Unlike a warranty deed, a quitclaim deed does not guarantee that a property is free from title defects such as tax liens or title claims from third parties. For this reason, it is a poor legal instrument to use when selling a piece of property for cash considerations.
Due to this, quitclaim deeds typically are not used in situations where the property involved has an outstanding mortgage. After all, it would be difficult for many grantors to pay off a mortgage without proceeds from the sale of the property.
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.
Quit claim deeds are common in divorces when one spouse grants his or her rights in real estate from the marriage over to the other spouse. A warranty transfers ownership and explicitly promises the buyer that the seller has good title to the property.
