Free Utah Quitclaim Deed Form

Your Guide to a Quitclaim Deed in Utah

The quitclaim deed also referred to as a quitclaim deed form, a quitclaim, or in other cases a non-warranty deed is the legal instrument that facilitates the conveyance of property rights from the entity or person with rights in the property, a grantor, to someone else, or an entity, called the grantee. Note that this deed is mistakenly referred to as a quick claim deed, something you have to stop doing.

While it ensures the conveyance of property rights between two parties, it has one major limitation – this deed doesn’t give any warranties meaning that it only transfers the interests held by the grantor during the deed’s execution. This deed could also transfer to you a title with defects, and it could be forged for all you know. To make matters worse, the deed offers no legal recourse against the grantor.

It’s different from the warranty deed which guarantees a real property buyer that the property purchased is free of encumbrances and liens. The warranty also has a guarantee from the seller telling that buyer that they have full legal rights to sell the property. So, if there is a problem with the property title in future, say an unpaid mortgage, the seller will have to reimburse the buyer the exact amount.

When to use the quitclaim

  • Although it isn’t a legal instrument used in traditional real property sales, there are specific circumstances that call for the use of the quitclaim. They include:

    • In property rights transfers among members of a family.

    • During a divorce proceeding, the quitclaim could be used to transfer a spouse’s ownership rights from marital property. An example of a settlement agreement that makes this possible is one where Spouse A takes over the ownership of the marital home spouse B has to execute a quitclaim to transfer their rights from the property, to the spouse.

    • After marriage, a quitclaim could be used to add a spouse to a property deed. Note, however, that this transfer does not legally transfer the mortgage to the added spouse, and the primary owner of the property remains the party responsible for the debt.

    • The quitclaim is also effective in transferring property interests to your heirs or beneficiaries before you die. Instead of using or amending a will, you can use the quitclaim to transfer your property interests to your loved ones. Also on estate planning is the fact that you can use this deed to transfer interests in property into a trust.

    • When looking for title insurance, your title insurer might ask you to create a quitclaim to clear a cloud from the title. This cloud could be removing or adding a name to your title

    • If you changed your name after obtaining a title for a property, you could use the deed to effectuate the name change.

    • A quitclaim also transfers interests in property to an entity like an LLC or a corporation.

Creating a quitclaim deed in Utah

For the preparation of an executable quitclaim deed in Utah, you need first to download a free Utah quitclaim deed form online. This free deed form is state-specific and comes in an easy-to-understand printable PDF format.

  • For its validity, it must meet specific requirements

    • The grantor(s) involved in the conveyance have to sign the deed

    • The deed should be presented along with a certificate of acknowledgment, a jurat, proof of execution, or any other certificate that the country recorder asks for.

    • The deed should also bear the complete legal description for the quitclaim

    • The grantee’s name and mailing address should also be included in the deed. The mailing address is important for the assessment and purposes of taxation

    • Regarding recordation, the quitclaim can only be recorded in the county where the property is located

    • Once recorded, the quitclaim and transferred property rights will be communicated to all the affected parties.

    • According to the state’s recording act, unrecorded deeds are deemed void against all subsequent purchasers of the property or even a portion of the property. This is the case if the subsequent property buyer pays a valuable consideration for the property or if their quitclaim is recorded before the quitclaim prepared by the previous grantee.

    • The notary public must acknowledge the signatures in the deed

    • It must also have a Water Rights Addenda which notes that you don’t have any rights to water in that property.

Recording

The state of Utah recognizes the recording of deeds under a Race to the Record formula. This means that the county records legal instruments in the order which they receive the documents. There is not instrument or document that gets priority over the other. So, the quitclaim that is recorded first takes precedence over any other quitclaims recorded after it, regardless of the valuable consideration paid.

Challenging a quitclaim

Some of the issues that challenge a quitclaim include:

The challenger claiming that the grantor did not actually sigh that quitclaim or that the quitclaim was forged

Note, however, that once the quitclaim deed is recorded with the county clerk’s office, it becomes difficult to challenge the quitclaim. So, if you are challenging this quitclaim, you must have a significant burden to prove the falsification of the illegal execution of the deed.

To use a quitclaim in Park City, St. George, Salt Lake City, Ogden, Logan, Provo, Moab or in other cities in Utah, get our free quitclaim deed form to simplify the process.

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