Free Georgia Quitclaim Deed Form

How to Use the Quitclaim Deed in Georgia

To think that before quitclaim deeds and other types of deeds now popular in real estate, there was Livery of Seisin, we cannot help but marvel at how far we’ve come. Now, in case you didn’t know, the Livery of Seisin represented a traditional/ceremonial act that verbally or in writing recognized the transfer of real estate or land by the literal passing of a twig from the land to the person who would take over ownership interests of the land. Since we are moving farther from these days, we reckon that a deep understanding of the quitclaim deed is important. So let’s jump right into it!

What is a quitclaim deed?

A quitclaim deed, quitclaim, non-warranty deed, or a quitclaim deed form refers to the document which quits an individual’s interests, rights or claim on the real property. This document is common with families or persons who trust each other although it could be used to recognize the conveyance of real property to other entities. Being a legal instrument, the quitclaim identified two main parties to the transaction – the person transferring their interests in real property (the grantor) and the person receiving rights to the real property (grantee).

Thanks to the efficiency of the document in the transfer of rights/ interests between the grantor and the grantee, this document has been erroneously referred to as the quick claim deed.

Wondering why this document is preferred to be used by family members? Well, the reason behind this primary use of the quitclaim deed in Georgia and other states stems from the fact that in some cases, the grantor doesn’t own the property they are giving up their interests on. The grantor could be transferring an assumed or an acquired interest which could eventually mean that the grantee gets nothing. Therefore, this document is commonly used in property transfers which do not involve the purchase or sale of said property.

What is the difference between the quitclaim and the warranty deed?

Mentioned above is the fact that that the quitclaim is also called a non-warranty deed and also the fact that the grantor might not be the actual owner of the property. Taking these two elements into account, it is clear that the quitclaim does not offer any protection to the grantee. And this is where the document differs from the warranty deed. The latter offers protection to the grantor because it carries a warranty of title – the legal guarantee from a grantor to grantee confirming that the issued title is clear. The quitclaim does not offer this warranty.

In simple terms, the quitclaim can be presented even with title issues like forgery of the title, incorrect entries in the public records, prior conveyances that are undisclosed, and presence of liens on the property, among other issues. The warranty claim, on the other hand, is presented without any of these title issues and the title on the property is regarded as a clear title.

How to use the quitclaim

  • You could use this deed to perform the following:

    • Transfer property to children

    • Transfer property to a trust/ living trust

    • Gift a loved one interests in property (without receiving any consideration from the grantee)

    • Removing clouds from a title

    • Removing someone, say an ex-spouse from the deed

    • Adding someone to a deed

    • Transferring an heir’s property to family members

Note, however, that you cannot transfer debt like mortgage using the quitclaim. So, even if you transfer mortgaged property to your spouse, you will remain responsible for the debt and any other liens on the property.

Which are the requirements for a valid quitclaim in Georgia?

First, we recommend getting a template before you download a printable PDF version of the deed. Once you know what you need to do or even while figuring things out, download a free Georgia quitclaim deed form. The state-specific form ensures that you enter every required detail correctly.

Note that even though the quitclaim is not specifically prescribed in the statutes, the document must have all the necessary information needed to represent the intentions of the grantor clearly.

  • The requirements of the deed form include:

    • The heading/ title of the document must be ‘Quitclaim Deed’ to alert the reviewer of the title or the recorder of the nature/ purpose of the document/ conveyance. Remember that this document does not have any guarantees and that the state laws, as provided under 44-5-61 of O.C.G.A declare that the quitclaim carries no implies warranty for the property.

    • The document must be presented in writing

    • The grantor must sign the deed in the presence of two independent witnesses. One of these witnesses could be the notary public who will also acknowledge the document.

    • If there is a consideration paid, the value of the consideration must be indicated in the deed.

    • The deed should also have the names and return mailing addresses of the grantor and the grantee on the deed’s first page. These details should be clear with all the relevant property ownership details.

    • The deed should also include the marital details of the grantee, as well as the grantee’s wishes regarding how they wish to hold the property’s title.

    • The deed must also carry the complete legal description of the property, as they appear in tax documents.

    • The document must be recorded with the county officials involved with public records registration. In Georgia, the recording of the quitclaim follows the ‘race-notice’ statute recording. In this type of recording, you need to ensure that the recording is recorded as soon as possible for the entry of the information into the public record and to ensure that future bona fide buyers of the property are aware of the ownership details of the property. The burden of recording the quitclaim falls on the grantee.

There you have it, everything you need to know about the creation of the quitclaim and its uses.

Are you transferring interests in your rental property to a loved one in Atlanta, Augusta, Savannah, Columbus, Macon, Athens, Marietta or any other city in Georgia? Download our free quitclaim deed form here to get started.