Free Pennsylvania Quitclaim Deed Form

Using the Quitclaim Deed in Pennsylvania

A quitclaim deed also called a quitclaim, or a non-warranty deed is a legal instrument that conveys or releases real property, land or residential property from one person to another. This instrument is mistakenly referred to as a quick claim deed, perhaps because of the efficiency with which the deed facilitates the transfer of property. The statutes provide that the quitclaim must have words like release, as well as quitclaim for the deed’s validity. The instrument is also expected to be in writing. The party that quits their interests in real property under conveyance is the grantor while the recipient of the property rights is the grantee.

Now, if you’ve had any experience with real estate deeds, you might be wondering about how this deed differs from the general and the special warranty deeds. Well, here is what you need to know – unlike these two types of warranty deeds, the quitclaim/ non-warranty deed doesn’t come with any warranties on the property title, the title might have issues and the property under conveyance could belong to someone else.

It, therefore, means that when using a quitclaim to transfer property rights, the grantee doesn’t get much of legal protection and they also have no legal recourse against the grantor if it turns out that the title was defective or if the grantor is not the actual legal owner of the properties. Because of this level of uncertainty, we recommend that the parties involved in a non-warranty deed know and trust each other. With a quitclaim, the only rights of the quitclaim transferred are the rights held by the grantor at the time of the deed’s execution.

On the other hand, the warranty deeds offer protection to the grantor; but the level of protection varies too. The general warranty deed guarantees the grantee/ buyer that the property not only belongs to the grantor but that the property title is clear of defects. Therefore, this general warranty deed gives the grantee legal recourse against the grantor if anything happens. In other cases, however, grantors want to limit the amount of liability they take when transferring property. In such cases, the grantor only notes that they are giving their guarantee of the title is clear during the period that they owned the property. So, the grantee cannot sue the grantor if it later turns out that the title had defects before the grantor’s time.

  • When to use the quitclaim deed form

    • When transferring your property rights to your children, sibling, or other close family members

    • Gifting a loved one a residential or real property

    • Transferring interests in property to a trust or a living trust

    • Clearing clouds from a deed. This often happens when your title company or a lender asks you to execute a new quitclaim to either remove or add a name.

    • The quitclaim is also effective in the transfer of rights in property to an LLC or even a corporation. The reason for this is that grantors and grantees can be individuals or business entities

    • When getting married or going through a divorce, you can use the quitclaim to add or remove your spouse’s name from a property title. Also, if during your divorce proceeding the court grants your spouse ownership of property, you will have to use a quitclaim deed to give up your rights in the property.

Note, however, that the quitclaim will not affect your responsibilities over debt like a mortgage or any other loan that has your name on it. So, in as much as you’re giving up your rights to property, you will still have to pay your debt.

The other danger that accompanies quitclaims is the fact that it comes second to wills. So, if it turns out later that someone else is an heir to the property transferred to you, you lose the rights to the property.

Also, the quitclaim deed does not take precedence over the community property laws.

Legal Requirements of a Complete Quitclaim in Pennsylvania

For the successful execution of your quitclaim deed in Pennsylvania, it must meet specific statutory requirements. But first, you need to download a free Pennsylvania quitclaim deed form online in a printable PDF format. This free deed form will work as your template, guiding you on what you need to input in your form for its execution and recording.

  • The statutory requirements for a valid quitclaim include:

    • It must bear the signature of the grantor, as well as their mailing address and their marital status.

    • It must carry the details of the grantee too – full legal name, marital status, mailing address, and vesting.

    • The deed should also bear the details (type and amount) of the consideration paid.

    • For its validity, this deed has to be signed before a notary public (by both parties) for acknowledgment

    • Once it’s signed, the deed should be recorded in the county where the property is located.

    • The deed should also have a Certificate of Residence listing the grantee’s name, mailing address, and their signature.

    • Recording the deed in the appropriate county is important because it issues a constructive notice to all subsequent mortgagees, purchasers, and even the judgment creditors, about the parties involved in the conveyance. For this deed’s recording to issue a constructive notice, some conditions must be met. For example, you have to submit a Uniform Parcel Identifier. This identifier must be indexed well into an index that is arranged according to the parcel identifier numbers. The deed could also be indexed to follow an alphabetical index.

    • If a quitclaim isn’t recorded, the state deems it fraudulent, and it’s void to subsequent mortgagees, bona fide purchasers, or holders of judgment. What this means is that an unrecorded quitclaim will not hold any legal ground if someone else buys the property after you and if they hold a legitimate and recorded quitclaim.

    • Also note that if you are using a quitclaim in Philadelphia County, you must use Form 82-127.

    • The property’s Previous Recorded Information is also required for the deed’s validity

    • A Realty Transfer Tax of between 1% and 2% is charged on most quitclaims. For more information on this, check out the transfer tax details applicable in the county the property is based.

Would you like a quitclaim for rental property in Allentown, Pittsburg, Philadelphia, Harrisburg, Scranton, Erie, Lancaster or another Pennsylvania city? How about our free quit claim deed form Pennsylvania to get started now?