Quit Claim Deeds

August 23, 2007

I had a query this week regarding a quit claim deed. The individual had not previously heard of this type of deed. I suspect that many individuals have not really paid much attention to the different types of deeds that are used to transfer real property.

A quit claim deed is a legal document by which a person releases or"quits" any claim that he/she may have had to the property described in the deed. The person receiving the deed may, in fact, not receive any title or rights to the property being deeded through a "quit claim" deed. The "quit claim" deed merely provides that whatever interest I may have had in the property, I am conveying that interest to you. Example: I can give you a quit claim deed to the Brooklyn Bridge. Since I never owned the bridge, you will receive nothing. I have just said that if I owned a part of it, I am giving you that part.

In California, most property is transferred using a "grant deed." To warrant that a good title is being transferred, a policy of title insurance is used. Without the title insurance the receiver of the grant deed does not have absolute assurances that the property is without encumbrances. It is implied that the title "warranted" but the warranties are not explicitly stated in the deeding document.

I will continue the discussion of deeds tomorrow.