Free Tennessee Quitclaim Deed Form

Your Quitclaim Deed in Tennessee Guide

A quitclaim deed, also called a quitclaim or a non-warranty deed is a legal instrument that is used to transfer rights in real property to another person; from the grantor to the grantee. This deed does not, however, offer any warranties on the property’s title or ownership. Without any knowledge of whether the title is clean and free of defects or not, or if the person transferring the deed is the actual property owner, this document offers no or very little protection to the recipient of the property rights. Therefore, the use of the quitclaim is limited and preferred by persons who trust each other.

It should be noted that even with the limitations that come with the quitclaim, the deed remains one of the most popular real estate deeds and it’s even mistakenly called a quick claim deed. The reason for this is that the quitclaim is the most efficient property deeds.

If, on the other hand, you need a deed that offers guarantees for both the property’s ownership and the title (defective-free), you should consider using the warranty deeds.

• Uses of the quitclaim deed form

• • Transfer of property rights between family members – this is the most common use of the quitclaim in property transfers between family members for example parents transferring their property rights to their children or transfers between siblings.

  • The addition or removal of a spouse’s name from a tile. In marriage or a divorce proceeding, a quitclaim can be used by the owner of the property to either add or remove their spouse from a title. During a divorce proceeding, for example, the court might decree that property is given to one spouse. When this happens, the other spouse has to quit their rights in the property using a quitclaim. If you are the spouse quitting your rights in the property, you should know that the deed doesn’t transfer debts or liens on the property. The transfer of property rights is not synonymous to the transfer of a liability burden.

  • Enforcement of a name change. If your name changes after you acquire property, a quitclaim will help you effectuate the change

  • Property transfers into trusts/ living trusts. A quitclaim is an important document in estate planning, and you could use it to transfer your interests in property to your loved ones.

  • Removal of clouds on a title. Your title insurer might ask you to execute a quitclaim if they find a cloud on your title. What a cloud on the title means, in a nutshell, is that your title has the name of an individual who may have interests in the property, or not. Also, the title might not have the name of an individual who must be named in the deed.

  • Entities like corporation and LLCs also use the quitclaim to transfer interests in real property among themselves

Creating a valid quitclaim

For the validity of your quitclaim deed in Tennessee, you have to fill up a blank deed form appropriately. The selected form should be specific to your needs and acceptable to both the state and the county where the property under conveyance is based. For these reasons, we recommend this state-specific free Tennessee quitclaim deed form that is easily downloadable online. This deed comes in a printable PDF version, and you won’t have to worry about them from being in an incorrect format.

• The statutes require that that deed meets some specifications. These specifications include:

• • The signing of the deed by the grantor

  • The acknowledgment of the grantor’s signature

  • The full legal description of the property under conveyance

  • Full disclosure or the recital of where the grantor got the property from, for the chain of title.

  • The full legal name and the mailing address of the grantor must be included in the quitclaim as well

  • Failure to meet these and the county requirements will deem your deed invalid which attracts either a penalty or the deed has to be re-recorded.

  • Note that unlike other states, the state of Tennessee registers quitclaims; the other states record them. The statutes on the recording of quitclaims note that all legal instruments must be recorded for their validity between the parties involved in the quitclaim, even without registration. However, for you to give notice of the change in property ownership to third parties, you must register the quitclaim. Without registration, third parties have no notice of the change.

  • Unregistered quitclaims are not valid where subsequent or existing creditors are involved if the creditors or even bona fide purchasers lack notice of the use of the deed. And when disputes arise, the priority of ownership goes to quitclaim registered first; unless the party making claims against a subsequent instrument had received notice of the older quitclaim.

• What are the limitations of quit claims deed Tennessee?

• • A quitclaim does not free you from debt from a mortgage. Even after giving up your rights in property, you will still be responsible for the mortgage payments

  • A last will and testament takes precedence to a quitclaim

  • Community laws also take precedence to quitclaims

  • Grantees get no legal recourse against the grantor in the event of a title issue

Though imperfect, a quitclaim might be just what you need to ensure that your children get rights in your rental property. In Nashville, Chattanooga, Knoxville, Memphis, Murfreesboro, Gatlinburg, Clarksville and in every other Tennessee City, you could use the quitclaim to transfer property to a corporate to close that deal. So, would you like to start the process soon? Download our free quitclaim deed form to get things flowing in the right direction.

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