Free Rhode Island Quitclaim Deed Form

The Inner Workings of the Quitclaim Deed in Rhode Island

How are your estate planning goals going? Do you need to transfer rights to a property to your youngest or eldest? Well, here is an idea – get a quitclaim deed to fast-track the property rights conveyance. After all, you know everything you need to know about the property and your child trusts you.

The truth is that that real estate industry and transactions are often too confusing and you might end up with a real estate deed that doesn’t work for you. The only problem is that you only realize your mistake a little too late. This article aims to shed light on real estate deeds, particularly the quitclaim deed.

Before exploring the different deeds, what is a quitclaim deed?

A quitclaim deed also called a quitclaim, or a non-warranty deed is a legal tool that quits an individual’s rights in property and conveys those rights to another person or entity. The party giving up their rights in the real property is called the grantor while the recipient of the rights is the grantee. The quitclaim is not, however, called a quick claim deed as is referred to by most folks. A quitclaim will convey property rights or title, but it does not provide any warranties or guarantees on the conveyed title.

Warranty and Non-Warranty Deeds – What’s the Difference?

The main difference between the warranty and the non-warranty deeds lies in the name. While warranty deeds give a grantee complete or partial protection if a title issue arises, the non-warranty deed/ quitclaim doesn’t give any guarantees. What a non-warranty deed does is this – it conveys property rights “As-is.” With the non-warranty deed, it might be revealed in future that the grantor did own the property legally, or that the title has issues. Some of the common title issues with as-is deeds include errors in the public recorded, forged title, unknown liens, undisclosed encumbrances, missing heirs, or unprobated last wills. With a quitclaim, the only property rights conveyed are the ones held by the grantor when the deed is signed (executed).

The warranty deeds, especially the general warranty deed does the opposite – It gives the grantee assurances of the state of the title and the ownership of the property. This means that if you sign a warranty deed, you (the grantor) are claiming to be the legitimate owner of the property, and you are also acknowledging that the title has none of the issues above.

If, on the other hand, a grantee wishes to provide a guarantee to only the property rights they’ve held and the title is clear only during the time they owned the property, they can use a special warranty deed to limit their liability.

  • When do you use the quitclaim deed form?

    • To clear clouds on a title – when at least two people own real property, the quitclaim will only transfer or quit the rights held by that person. But when a quitclaim requires the signatures of all the involved co-owners, then a title insurer or a lender will require that all the co-owners of the property sign it for the deed’s validity. Clearing clouds is, therefore, the process of removing ambiguity from a legal document.

    • The deed could also be used when a property owner desires to name someone else a co-owner of the real property.

    • Parents can use the quitclaim to transfer property title to their children or other close relatives.

    • A quitclaim is also used to remove a spouse’s name from a title; a common event during divorces. Alternatively, upon the ruling of the court, one spouse might have to quit their interests in real property to the other spouse

    • You could also use this deed to effectuate your name change on your property title

    • In other cases, the deed is used to transfer the property title to a corporation or an LLC.

Which Legal Specifications Make a Valid Quitclaim

If you are going to use a quitclaim deed in Rhode Island, you need to make sure that the document meets all set statutory requirements. But to start on the right foot, you need a practical and easy to use PDF template. Our free Rhode Island quitclaim deed form is one of the top options printable PDF quitclaims, and it is state-specific.

  • It is also important to note that the state of Rhode Island just like most of the New England States lacks a county government system. This means that all real estate deeds are to be recorded in the office of the city clerk or the town clerk that the property under conveyance is recorded.

    • This quitclaim should bear the signature of the grantor, and the appropriate notary public must acknowledge the signature.

    • The grantee is also expected to sign the quitclaim, and they must include their actual mailing address.

    • The signature of the grantor and the grantee should have the corresponding party’s name printed or typed beneath it.

    • While failing to meet these requirements doesn’t invalidate the quitclaim, it affects its recording, and the town clerk could refuse to record the deed if the requirements aren’t met.

    • This quitclaim must be in writing.

    • For quitclaims delivered between a party and their heir, the state regards them as valid and legally binding instruments. Such deeds pass as a title even when they are not recorded or acknowledged.

    • Signing and delivery of a quitclaim to a grantee (by a grantor) is a legal conveyance, without any other ceremonies or acts.

    • A deed that is acknowledged and recorded is operative against a third party (parties).

    • Recording a quitclaim is important because it gives a level of grantee protection and it also serves as enough constructive notice of the change in ownership.

Which Rhode Island city is your residential rental property located? Cranston, Providence, Newport, Warwick, Pawtucket or another city not in our short list? Well, if you’d like to gift the property to your children or siblings, you can get our free quitclaim deed form here today.

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