Quitclaim deed is needed in many situations in life. When a couple is getting divorced, the separating spouse can use the quitclaim deed Washington state to transfer property to other. In most cases, this deed is used for being quick and simple. However, the limitations need consideration too.
Limitations of Quitclaim Deed
There are many ways to transfer the property title. A ‘warranty deed’ is most commonly used when the property is sold to a third party in a typical real estate transaction.
Use of ‘warranty deed’ comes with a promise that the seller or the person transferring the property has ‘clear title of the property’ and has ‘right to sell it’ as well. The deed also offers protection to the buyer in the form of compensation if anyone other person has a superior title to the ‘property’. The deed also ensures that there are no liens on the property. Tax lien, creditor’s lien, and mortgage doesn’t exist.
Before a warranty deed is executed, a title search is conducted to verify that the seller has clear title. It checks the past deeds and liens for the property. Title insurance is purchased to ensure that the buyer is protected from any legal hassles. A few points that the real-estate buyer should be aware of the title insurance.
Property ownership can be transferred from the seller to the new owner with clean and clear title only. No individual or entity can claim ownership.
In a clear title, there are no pending judgements, liens and bankruptcy cases running.
In a third of title searches, there is some irregularity. Even the smallest issue in the title should be corrected.
One type of title insurance is required to protect the interest of the buyer. The other type to protect the lender. Both are required.
Buyer can choose the title insurance provider.
The buyer pays the cost of one title insurance while the seller pays the cost of the other.
The warranty deed is always filed with the county once they are executed.
Unlike warranty deed Quitclaim deed offers now warranties or guarantees. Its limited because it can’t make any promise about the owner’s title. The deed only transfers the owner’s entire interest in the property to the person getting it. For instance, a married couple jointly owns a marital property, and during a divorce, one of the spouses want to relinquish his or her interest. Use of quitclaim deed transfers the property but without any promise that the property is free from liens or mortgage. So, even if the spouse quits the interest, the deed doesn’t remove his or her name from the mortgage. He or she is responsible for making payments.
Common Usages of Quitclaim Deed
The deed is mostly used when the property is transferred without following traditional ways.
- Transfer of property within members of the family. Parents transferring property to their kids.
- Family division of property.
- Newlywed spouses after marriage. When one of the spouses wants to add others to the title of his or her property.
- During the divorce, when one spouse will keep the home, so the other quits his or her interest in it.
- Transfer of property to a living trust.
In these cases, the deed transfer is simple as there is no title search or insurance used. But quitclaim deeds are not used for real-estate sales. Reason being, the new owner gets no guarantees about the title and its validity.
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