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Can I Transfer my Deed to my Son?

The easy answer is yes you can transfer the title to your home to your son through a Quit Claim deed. The real question is why are you doing this and why would you so this. With a quit claim deed you will lose complete control transferring the property to your son.

If you are trying to get out of a mortgage this is not the solution. By transferring the title of the property does not transfer any mortgage to your son.

Now about the transfer if you simply want him to have the house after you are deceased, then you might consider a "Revocable Living Trust". Properly prepared this will give him the property without going through probate, thus costing him little or nothing. If there is a mortgage on the property he still has to pay the mortgage.

This method will also stop the challenge from your other children if there are any, or you may add them to the "Trust".

If you are doing estate planning you might consider speaking with an estate planner, look for one in your local telephone book. Some attorneys do the same thing for between $400.00-$600.00, so check with one before making this estate decision.

Now the method you use in transferring the property. Though a quit claim deed is in fact legal and will transfer title, the best method to transfer title is through a title company. You will find one in your telephone book.

Anyone can challenge this transfer in court to include other relatives or others that you owe money.

Simply call one, tell them what you want to do, ask them the cost to do this transfer, set up an appointment for both you and your son to go sign the necessary documents.

Once the necessary documents have been signed the title company will then take care of recording the deed at the county court.

Q. Can I use a quitclaim deed to transfer rights of survivorship?

A. No, you need to use a survivorship deed to transfer rights of survivorship, where the parties will hold the property as joint tenants, with the survivor taking a fee simple interest in the property upon the death of the other party.

Q. Do I need to use a quitclaim deed even if I am transferring the property to someone as a gift?

A. Regardless of the consideration you are receiving, you must file a deed with the County Recorder's Office to show that title has been transferred. You would use $10.00 as the consideration.

Q. Can I use a quitclaim deed to transfer property to my Limited Liability Corporation?

A. Yes, for the purposes of deeds, a limited liability corporation is treated the same as an ordinary corporation, and can be either the Grantor or the Grantee.

Q. Can I use a quitclaim deed to transfer a portion of my property to someone else?

A. Yes, you can do this by listing yourself as the Grantor, and both you and the other person as the Grantees. Each Grantee would receive an equal share of the property. For example, if there are three Grantees including yourself, then each Grantee will receive a one-third interest in the property.

Q. I am the personal representative of a deceased person, and I am required to transfer his property to his heirs as part of probate. Can I use a quitclaim deed to make this sort of land transfer?

A. No, personal representatives should use a Personal Representative, Transfer on Death, or Beneficiary Deed to convey land to the heirs of the deceased individual.

Q. Am I liable if a third party makes a claim to the property that I have transferred to a Grantee?

A. No, a quitclaim deed conveys only the interest that a person has in a piece of real property. It does not make assurances that no one else has an interest in the land. If a subsequent claim which is not listed on the title is made against the land, the Grantor of a quitclaim is not liable for any such imperfections in title.

Q. Should I use a quitclaim deed to convey my house to my wife, whom I am divorcing?

A. Quitclaim deeds are frequently used when the parties are well acquainted with each other, such as in the case of divorcing spouses. The quitclaim deed provides a quick and easy transfer of title without guaranteeing that there are no other claims that are going to arise against the land in the future.

If you plan to quitclaim the home to your wife, and both of your names are on the property’s title, ensure that both husband and wife are listed as Grantors. The person who will be receiving the home will be listed as the Grantee, which will be the wife in this example.

Q. How do I add or remove someone from my title or property deed?

A. To include a new person as an owner of a property simply include all present owners under the grantor section then in the grantee section include all present owners along with the new person. To remove a person from a deed, enter all present owners under the grantor section then in the grantee section include all present owners except the person to be removed.

Q. Why is there a large margin at the top of deed documents?

A. The County Recorder who will file the document requires a 2-3 inch margin at the top of the document so that they can affix a stamp, filing number or some other form of information to help identify and record the deed. Do not write in this space.

Q. Can I get my deed notarized in a different state than where the land is located?

A. Most states recognize notarization of land transfers by officials from other states, but you should contact the County Clerk's Office where the land is located to be sure that they will allow transfers of property located within their borders to be notarized in another state. Our deeds allow for inter-state notarization by enabling you to select in which state you will have the deed notarized, regardless of the location of the property.

Q. Does the Grantee need to sign the deed?

A. No, most states do not require that the Grantee sign a quitclaim deed. However, some counties do require that the deed be signed by the Grantee in addition to the Grantor.

Q. After the deed has been recorded at the County Recorder's Office, who should it be sent to?

A. Usually, the deed would be sent to the Grantee after it has been recorded. However, any person or corporation can be designated as the recipient of the recorded deed, such as the Grantor, a Title Insurance company, or another interested party.

Q. Does a quitclaim deed have to be notarized in order to be valid?

A. Yes, after the Grantor signs the deed, they must get it signed and stamped by a notary public to verify that the Grantor's signature is authentic before it can be filed with the County Clerk's Office.

Q. What do I do with a quitclaim deed after it has been signed by the Grantor and a Notary Public?

A. After a deed is signed and notarized, it should be filed at the land records office in the county where the property is located. This office is referred to by different names in different states, but is usually called the County Clerk's Office, County Recorder's Office, Register of Deeds, or Land Registry Office.

Q. Do I need to have witnesses when I sign a deed?

A. Currently, only Arkansas, Georgia, Michigan, Ohio, South Carolina, and Vermont require that witnesses sign deeds in addition to a notary public in order for deeds to be valid. However, in some states, specific counties require that deeds be witnessed. You should check with your local county recorder's office to determine if witnesses are required.

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