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Commonly Asked Questions about Quitclaim Deed in Real Estate

Quitclaim deeds lack certain protections and promises found in other types of deed to real property. Because of this, they should only be used under certain circumstances. These include transferring real estate between close family membersfor instance, from a parent to a child.
An essential aspect of a quitclaim deed is transferring the grantors ownership interest to the grantee. A spouse generally gives up their legal rights to the property if they sign such a deed.
A Quit Claim Deed does not transfer title to real estate property in Texas. Good to know: Here are a few examples of when some people may believe they could use a Quit Claim Deed: When spouses divorce, one spouse may want to sign a deed transferring the property to the other spouse.
Simply put, the buyer is being given a deed that claims to transfer some title to property, but makes no guarantees or warranties regarding that claim. It is possible for a grantee to pay valuable consideration for a quitclaim deed that does not provide title to anything, and have no recourse against the seller.
SB 885 provides that four years after recording a quitclaim deed, a subsequent purchaser or creditor for value without actual notice of other unrecorded claims on the property has good faith protection.
A quitclaim deed is a deed by which a grantor transfers only the interest the grantor has at the time the conveyance is executed. The grantor is not promising anything other than that they are giving up their own rights, if any. There are no implied warranties in connection with a quitclaim deed.
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. Top 5 Facts About Quitclaim Deeds - Investopedia investopedia.com articles personal-finance investopedia.com articles personal-finance
A docHub disadvantage to a buyer receiving a quitclaim deed is the lack of warranties and guarantees about the propertys title. Unlike other types of deeds, a quitclaim deed does not assure that the grantor has a valid ownership interest in the property or that the property is free from liens or encumbrances.