Quitclaim Deed Protect For Free

Quitclaims Are Taxable Events Unless the property goes to your spouse, quitclaiming is usually a taxable event and should be declared to the IRS using Form 709. Especially if you're passing a whole or part home ownership interest along to your adult children, the Internal Revenue Service is interested.

If you draw up a valid quit claim deed and record it, you cannot "reverse" the transfer of property interest unless you prove to a court that it resulted from fraud or other illegal influence.

When you receive property through a quitclaim deed, or inherit it, you become fully responsible for that property. Any taxes, insurance, property liens or other debts attached to the property you received via quitclaim deed become yours as well.

A quitclaim deed is also used to clear up title to property, if there is an issue with someone else possibly having an ownership right in the property, he or she can be asked to sign a quitclaim to make sure the new owner has complete title.

The good news is that, though it may not be an attractive option to many buyers, you can still sell the property normally. The title will still have been transferred to you. The quitclaim deed affects ownership and the name on the deed, but it does not affect the name on the mortgage.

The drawback, quite simply, is that quitclaim deeds offer the grantee/recipient no protection or guarantees whatsoever about the property or their ownership of it. Maybe the grantor did not own the property at all, or maybe they only had partial ownership.

Quit claim deeds give rights to property; however, the rights that are conveyed may be worthless. One person gives up whatever rights he has to another. The quit claim deed does not guarantee that the person giving up the right had any rights in the first place.