Free Ohio Quitclaim Deed Form

Guide to the Quitclaim Deed in Ohio

Would you like to transfer real property in Ohio? Perhaps you’re a parent transferring property to your children, your sibling or trust (for estate planning). In any of these and other kinds of property transfers, you’ll have to transfer the real property using some kind of deed. While the state recognizes various types of real estate deeds for transfers of property from one person to another, today we look at one particular deed, the quitclaim deed or the non-warranty deed. The use of this deed is limited to specific circumstances, often between close and trusting individuals or corporates.

What is a quitclaim deed?

Also called a quitclaim and mistakenly referred to as a quick claim deed, this deed refers to a legally binding instrument that facilitates the conveyance of rights in real property from one person to another. As mentioned above, this deed is also called a non-warranty deed. The reason for this is that unlike the warranty deeds, the non-warranty deed doesn’t offer any warranties on the title being transferred. The quitclaim will only transfer the rights held by the transferor (grantor) at the time of the deed’s execution. So, if the grantor is not the only owner of the property, not an actual owner, or if the title has liens or encumbrances, the deed will not give the grantee (recipient of the property) any legal recourse against the grantor.

Warranty deeds, on the other hand, give buyers or grantees protection if they take legal action against the grantor because the grantor certifies that the property under conveyance is free of liens and that they are the actual owner of the property they are selling (general warranty deed). Note, however, that when transferring rights to property but are willing to give your guarantee of what ownership but not for liens you know nothing of, you might have to use the limited warranty deed.

When to use the quitclaim deed in Ohio

First things first, since the quitclaim doesn’t offer any warranties of title, you should only use the deed in property transfers where you know the grantor well. Note that the grantor is either an individual or an entity (corporation).

• You can use the quitclaim deed in Ohio in the following circumstances:

• • When transferring real property to a loved one as a gift. This is a common use of the deed with parents using it to transfer their rights in the property to their children or other family members.

  • You could also use the deed in a divorce, especially when the court awards a spouse the family home. When this happens, the other spouse has to sign a quitclaim showing that they are quitting their rights in that property.

  • The quitclaim also comes in handy when you wish to change your name on the title, allowing your title to reflect your changed name.

  • You could also use the deed to transfer your rights in real property into trust or living trust.

  • In other cases, you need the quitclaim to clear clouds on a title. This often happens when engaging with title companies or insurance. One of the circumstances that call for the execution of the quitclaim to clear clouds is when separately owned property by one person is sold by that spouse, without the approval of the other spouse. To show that the other spouse has an interest in the property, the quitclaim will be an effective tool for the transfer.

Using a quitclaim deed form

Quitclaims represent the real estate deeds that are the easiest to use. For the ease of use and its efficiency, the quitclaim is also called a quick claim deed, albeit mistakenly.

The other thing you should know about the quitclaim is that for you to use the deed, you must first download your free Ohio quitclaim deed form online. The online form is available in a printable PDF format, and it’s easy to use.

And when preparing the quitclaim from, you need to ensure that the deed meets the statutory requirements.

• These requirements are provided under the Code Section 5302.11 of the statutes. They include:

• • The clarification that the deed doesn’t offer any warranties of title, and that it gives the grantee the least amount of protection.

  • The deed must have the full legal name of the grantor, as well as their mailing address and their marital status.

  • It must have a statement with the details of valuable consideration paid by the grantee

  • It must carry the full legal name of the grantee, including their marital status and their actual mailing address, as well as their vesting interests. Note that the vesting interest is the description of how the grantee wishes to hold the property title. In general, the acceptable vesting interests by the state are sole ownership and co-ownership. When it comes to residential property, the primary method that property is held in co-ownership is through a tenancy in common or the survivorship ownership. So, when real property is conveyed to at last two people, it creates a tenancy in common ownership situated, unless there is a declaration of a survivorship tenancy.

  • For realty conveyance, the quitclaim must have the complete legal description of that parcel of land. It should also bear the contact details of the county editor for verification of the parcel’s legal description before the recording. The state of Ohio requires that any real property deed that modifies the legal description of the property, or one that contains a new description must have the full name and the mailing address of the surveyor who creates the legal description for the real property. A registered surveyor must prepare the new meters and the bounds of the property and accompanied by a signed & sealed survey plat.

  • The quitclaim also needs a reference to the recite (instrument) granting the grantor title to the property. This reference must have the volume and the page or the number of the instrument on its face. The details of the county where the document was prepared is also important.

  • Dower Rights: the state recognizes the dower rights. These interests recognize that if a married woman or man owns interests in a property, then their spouse will hold 1/3 interests in that property. So, if a grantor’s married, their spouse retains the property’s dower rights, which means that the spouse will have to relinquish their interests for the property to be transferred. In this case, the name of the spouse must be present on the face of the deed.

  • The deed must have any (all) details of restrictions on the property.

  • The grantor has to sign the deed in the presence of the notary public

  • For recordation purposes, the deed must be submitted to the county auditor’s office before the recording. This is an important step as it ensures that the name of the owner is transferred to the county’s taxation list.

  • Note that the deed’s recording should take place in the county that the property is located.

  • Confirm the acceptable form of payment with the county office

  • The grantee is to sign the Conveyance fee statement before it’s filing along with the deed.

To get started with the residential rental property in Cleveland, Dayton, Columbus, Cincinnati, Akron, Toledo, or any other city in Ohio, download our free quitclaim deed form here.

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