Quitclaim Deed from Individual to Husband and Wife - Arkansas 2025

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Unlike a Warranty Deed, the Quitclaim Deed does not include any guarantees about the Propertys title. All a Quitclaim Deed does is transfer the exact same rights the owner has at that specific time. If there are outstanding claims against the property, the buyer will be subject to all of the claims.
What are the Disadvantages of a Quit Claim Deed? No Protections For The Transaction: Unlike warranty deeds, a quitclaim deeds does not offer protections for the new property owner. There is no way to guarantee that the property is owned free and clear, and that there are no easements or restrictions.
The quitclaim deed simply transfers any interest they may have to the other party. Because of the lack of title guarantees, quitclaim deeds are most often used to transfer property between two parties who know and trust each other, such as family members.
A will transfers property that you owned at your death. A quitclaim deed transfers property during your life. If youve transferred property by quitclaim deed during life, it isnt owned at death and thus cant pass by will.
Each grantor must sign the deed in the presence of a notary public for a valid transfer. Transfers in Arkansas require two witness signatures (A.C.A. 18-12-104). All signatures must be original.
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2. Used to Remove One Spouse from Title: During a divorce, if the property is owned jointly, the quitclaim deed can be used to remove one spouses name from the deed. This ensures that the spouse who is not retaining the property has no legal claim to it after the divorce.
A quitclaim deed is best suited for the following situations. Transferring Property Between Family Members. Adding A Spouses Name To A Deed. Transferring Property Between Spouses During A Divorce. Removing A Name From Your Mortgage And Deed. Transferring Property Interest To A Business Partner. Fixing Title Errors.

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