1. Must a quit claim deed be notarized?

Yes, a quitclaim deed must be notarized

2. Do you need to record your quit claim deed to transfer title?

No, title is transferred with the quitclaim deed, but it is strongly encouraged to record your deed at the county recorder’s office. If you lose the quitclaim deed and it is not recorded, there may be no evidence of the transfer of title. Also, recording protects you from attempts to record a subsequent interest by other parties.

3. If a person quitclaims their interest to another party, does that also take them off the mortgage or deed of trust?

No, transferring your interest in a property using a quitclaim deed does not remove you from the mortgage. That requires the mortgage be paid off or the lender releasing you from the loan. In fact, some lenders have the right to call a loan due to this sort of change in ownership, though it is unlikely they will.

4. If a person is added to title using a quit claim deed, are they added to the mortgage or deed of trust?

No, they are not automatically added to the note, so they may have a superior interest compared to other owners who owe on the property, while the additional owner does not. The lender will likely gladly add an additional responsible party to the mortgage at their request, since they have other borrowers on the hook already, so adding another just adds to their likelihood of being paid back.

5. Are quit claim deeds a good way to transfer title into a trust or corporation?

Absolutely, using a quitclaim is an easy and fast way to transfer a property under your control from yourself to a legal entity you also control, such as a trust or corporation.

6. Can you quit claim a property to someone else prior to losing the real estate in bankruptcy?

Yes, you can transfer title using a quitclaim, but the courts have been known to consider transfers within a year of bankruptcy as fraudulent transfers, and can reverse the transaction if such a determination is made.

7. Can a quit claim deed be used to add a newly married spouse to title?

Yes, this is an ideal use for a quitclaim deed.

8. Can a quit claim deed be used to remove a spouse from title to real estate as part of a divorce?

Yes, a quit claim deed is a great tool for one former spouse in a divorce to transfer their interest in real estate to the other former spouse.

9. Can the person that added a spouse to title using a quit claim deed remove them using a quit claim deed?

No, once the quitclaim deed is signed, notarized, and recorded, the interest in the property has been transferred. In order to get it back, the grantee from the first quit claim must sign a quit claim transferring the interest back.

10. Do I need an attorney or title company to use a quit claim deed?

You may wish to use one if you do not feel comfortable doing it yourself, or feel you need advice on how title should vest, etc. However, no title company or real estate attorney is needed. See how to use a quit claim for more information.

11. Where can you get a quit claim form?

There are links on the right side of this web site which lead to quitclaim forms which can be downloaded in real time.

12. Where can you get your quit claim notarized?

Your bank usually will have a notary on site, and if you have an account, will generally notarize a document for free or inexpensively. If your company has a legal department, it will generally have a notary. Local mail box stores also have notaries for around $10.