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Both types of legal documents serve the same function of transferring ownership of real property. The fundamental difference between quitclaim deeds and grant deeds is the level of protection and warranty provided to the grantee.
Transferring ownership of real property incident to divorce often involves the use of a Quitclaim Deed. Divorce professionals frequently request this deed when transferring property in a divorce settlement.
With a grant deed, the grantor, or seller, transfers his ownership in the property to the grantee, or buyer, guaranteeing that he actually owns the property. This provides protection for the grantee, or buyer, because it ensures she is getting what she is buying, and a title company has the ability to insure her title.
Ordinarily, a deed cannot be given effect unless it is accepted by the grantee. An exception to this rule is made when the grantee is a minor or mentally incompetent. Acceptance of a deed may be shown by acts, words or conduct of the grantee showing an intent to accept.
Grant Deeds are used to transfer title of real property. This is done at the time of purchase and can be later recorded to add or remove individuals names after purchase. This is known as the title document.
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