Miami Quitclaim Deed Lawyer

Quitclaim deeds are useful tools for transferring real estate property between family members and other close associates. However, they are only appropriate in specific situations.

A Miami quitclaim deed lawyer could discuss your situation and advise you on whether a quitclaim deed is appropriate in your circumstances. If so, a title and deed attorney at Jacqueline A. Salcines, P.A. could draft the deed, ensure it is executed properly in accordance with the law, and record it to ensure an uninterrupted chain of title.

When To Use a Quitclaim Deed

Quitclaim deeds transfer the title of real estate property from the owner (the grantor) to another party (the grantee). In most cases, there is only nominal consideration or payment for the transfer.

When a couple gets divorced, and the settlement agreement says that one spouse will retain a home or other real estate, the other spouse can execute a quitclaim deed, giving them full title to the property. Alternatively, a spouse can remove their former spouse’s name from the deed according to a divorce agreement.

Many people use quitclaim deeds to add their children to the property title. A property owner can also use a quitclaim deed to put property into a living trust or a family LLC. An attorney in Miami could assess a property owner’s goals and advise whether using a quitclaim deed is the best approach to accomplish them.

Disadvantages of Quitclaim Deeds

A quitclaim deed is a simple way to transfer title to loved ones or close associates. However, the transferor or grantor can only transfer the interest they have in the property. If there are defects in the title, shared property interests, or encumbrances like a mortgage, those pass along with the quitclaim deed.

A quitclaim deed does not guarantee a clear or marketable title. Anyone selling or purchasing real estate in an arm’s-length transaction should not use a quitclaim deed. Mortgagors and title insurers require a warranty deed that guarantees a marketable title.

Sometimes, a family home is owned by only one spouse. If it is a homestead property, both spouses’ signatures must be on the quitclaim deed, even though only one spouse holds title to the property. A Miami attorney could explain the implications of transferring homestead property by a quitclaim deed.

Legal Requirements for Quitclaim Deeds

All documents regarding real property, including quitclaim deeds, are subject to legal requirements outlined in Florida Statutes § 695.26.

A quitclaim deed must be in writing and state the name of the grantor and the grantee. It must contain a detailed description of the property to be conveyed and the consideration received, if any.

The grantor must sign the document, and two people must witness their signature; there is no need for the grantee to sign. The document must also be notarized.

Recording the Deed

Recording the quitclaim deed with the county clerk where the property is located is essential to preserve the chain of title. When there is an interruption in the chain of title, title insurers and mortgagees may be reluctant to underwrite a sale. A Miami quitclaim deed attorney could manage this process to ensure that the grantee or any other future owner can sell the property without restriction.

Ask a Miami Attorney Whether a Quitclaim Deed Is Right for Your Property Transfer Today

Quitclaim deeds are an efficient solution in many situations, but they are not appropriate for arm’s-length transactions.

Don’t go it alone – speak with a Miami quitclaim deed lawyer at Jacqueline A. Salcines, P.A. if you are considering using this method to transfer property. They can oversee every aspect of the process and work to ensure the transfer goes smoothly.