Free Montana Quitclaim Deed Form

Everything You Need to Know About the Quitclaim Deed in Montana

Would you like to quit some or all of your interests in real estate to your spouse, niece, or children, legally? Get a quitclaim deed to get through the process effortless, and to save money. When it comes to real estate, the transfer of ownership rights is facilitated by deeds. One of these deeds is the quitclaim deed, and it offers the best, fastest, and the cheapest form of property ownership exchange.

To be specific, the quitclaim deed refers to the legally binding document that facilitates the transfer of rights in property from one person to another; the grantor to the grantee. This document will, however, facilitate the conveyance of rights in property – these are the rights held by the grantor at the time of the deed’s execution, only. Confused? Well, don’t be. Before you use the quitclaim, you need to know that the deed comes without any warranties on the title, and if later turns out that the grantor was not the rightful owner of the property, then the grantee loses all the transferred rights, which is why the document is also called a non-warranty deed. It does not provide any warranties on the state of the title. The deed also goes by quitclaim deed form or simply a quitclaim, although it is mistakenly known as a quick claim deed.

On the other hand, you have real estate deeds that give the grantor/ buyer the promise of a clear warranty. These deeds are the warranty deeds that give the grantee legal recourse in the event of a title issue. When using a warranty deed, a title deed is performed, and once it clear that the deed has no issues, then the deed can be issued. These deeds have a warranty of title.

  • When to use the quitclaim deed

    • Transfer of real property between members of a family. You could use the deed to ensure the legal transfer of your title to your children (from parent), siblings, or between any other members of the family.

    • You could also use the quitclaim to add or to remove your spouse from real property title. The addition of a spouse’s name to residential property titles is common after couples get married, while the removal of a spouse’s name from a deed is common during divorces. While quitclaims are common during divorces, you should know that if the property you are removing your spouse’s name from or if you are removing your name from the deed, and the property is mortgaged with both of your names, quitclaiming will not free you from the mortgage debt.

    • Removing clouds from titles is possible thanks to the quitclaim. Clouds are defects in the title. The most common defect is a name that is mistakenly on the deed. A common case is when a couple divorces but an ex-spouse’s name remains on the deed. If you want to remove their name from the deed/ clear cloud, you can use the quitclaim. The other defects that can be eliminated using a quitclaim include public record errors, undisclosed liens, undisclosed encumbrances, missing heirs, boundary issues, and unprobated will. Speaking of wills, you should know that the last will takes precedence to the quitclaim.

    • Transferring property rights to a living trust or a trust can be done using a quitclaim.

    • Changing the name of the title owner

    • Transferring your legal ownership rights into a corporation or an LLC.

Valid Quitclaim Deed in Montana

To successfully execute a legal quitclaim, you first need to download a free Montana quitclaim deed form. This printable PDF free form serves as the template that will guide you in the quitclaim processing part.

  • It is important to note that despite the legal use of quitclaims in the stat, there aren’t specific statutes governing the use of quitclaims in the state. The requirements below will, however, guide you as you prepare your quitclaim. The Montana Code governs these requirements under Title 70. The requirements include:

    • The fact that the deed will only be used for real property title transfers without any warranties on a title, and that the deed transfers property “as-is.”

    • The deed must have the full legal names and the mailing addresses of the grantor (s) and the grantee (s).

    • It should be accompanied by the full legal description of the property – the name, survey, and plot number, among other specifications.

    • It must have the details of the preparer, their legal name, mailing address, and their signature.

    • If the deed is used to effectuate the transfer of residential property, the deed must have information on how the grantee wishes to hold their rights to the property. Under the statutes, there are three primary methods of holding property: joint tenancy and tenancy in common. When used to grant ownership between at least two people, the transfer will create a tenancy in common arrangement, automatically, and unless the state offers a different arrangement.

    • The deed must also be signed by both the grantor and the grantee and acknowledged in the presence of the notary public.

    • Once filled out, the deed should be submitted to the county offices for recording. The part that transfers the real property/ grantor has to sign a Realty Transfer Certificate then file a form with both the county clerk and the Recorder. Failure to complete the form/ file the deed attracts a statutory penalty of up to $500.

The recordation of the deed must take place in the county that the property under conveyance is based.

Despite signing the deed, it is important to record it to ensure that the county gives constructive notice of the property transfer to other purchasers and mortgages. The recording is also important for the preservation of the chain of title.

So, it is clear that even with its limitations, the quitclaim is one of the best deeds to use for real property transfers.

Would you like to transfer your rights in residential property in Billings, Bozeman, Helena, Missoula, Kalispell, Great Falls or any other city in Montana? Download our free quitclaim deed form here now to get started.