A quitclaim deed can be used to transfer property to family members or to remove a spouse's name.A quitclaim deed doesn't make a claim that the property title is clear of liens.You need to pay taxes and fees if you want to file a quitclaim deed.It can have serious legal implications if you give up important rights.Before signing away your rights, it is a good idea to check with a lawyer.
Step 1: Understand the quitclaim deed.
A quitclaim deed transfers an interest in property from one party to another.Who is transferring their interest in the property is listed.If you want to transfer property into or out of a trust, you can use a quitclaim to do it.
Step 2: You can get a copy of your current deed.
You should get a copy of the current deed to the property if you have to fill out the quitclaim deed.The legal description of the property is on the current deed.You can get a legal description of property.You may have to go to the county clerk's office to get a copy of the deed.Ask the person how to get a copy.
Step 3: Should a warranty deed be used?
The seller warrants that the land is free of liens with a warranty deed.The real estate buyer can file a lawsuit if the seller is wrong.If someone with a liens shows up, the grantee has no recourse.If you are transferring the property outside of the family, a warranty deed is more appropriate.If you need a short consultation with a lawyer, try to find one you can meet with.A lawyer will listen to the facts of your case and advise you if a quitclaim deed is appropriate.
Step 4: You can get the form.
You should get a form from the county clerk.You can download the quitclaim form for Brevard County at thebrevardclerk.us.Go to the clerk's office and ask if a form is available.
Step 5: Go ahead and complete the form.
A variety of information will be asked on the form.All information will be provided if you type or print in black ink.Name and address of the person who created the quitclaim deed Parcel Identification number to the property will probably be required.
Step 6: The form should be witnessed.
You will need at least two witnesses to sign the deed.You will need four witnesses if two co-owners transfer their interest.The deed should be signed by all individuals.There is a person in the clerk's office.Most large banks have a notary in them.
Step 7: The form should be filed.
The original quitclaim deed should be taken to the clerk of court's office.To file, ask.
Step 8: You have to pay the fee.
The fee to record the deed is $10 for the first page and $8 for each additional page.You have to pay taxes as well.A stamp tax of $.70 will be levied for each $100 of sale, transfer, or consideration.You would have to pay $700 if the consideration was $100,000.There is a different tax schedule in Miami-Dade County.A stamp tax of 60 cents per $100 is assessed.If the property is not a single- family residence, Miami-Dade County imposes a surtax of $.45 per $100.
Step 9: Distribute copies.
If you want to keep a copy of the form for your records, you can send it to the other party.It can be stored in a safe or filing cabinet.