A quit claim deed in Georgia transfers the seller’s (grantor) interest in a property over to a buyer (grantee). However, it gives none of the guarantees that might be found in another type of deeds.
Author: Paul Black
Paul’s experience as the son of two parents with big health challenges is what led him to the work he does today and gives him first-hand knowledge of the challenges that many caregivers and family members face. After graduation from GSU Law, Paul was chosen from dozens of applicants nationwide as one of three 2010-2011 Borchard Foundation Law & Aging Fellows. Paul has been named as a SuperLawyers “Rising Star” in the area of Estate Planning and as a member of Georgia’s “Legal Elite” by Georgia Trend magazine. Published on: March 9, 2020. Last updated on: March 31, 2020.
Georgia Quit Claim Deed
Committed and Trustworthy Help With Georgia Quitclaim Deed
Also called a non-warranty deed, a quitclaim is one of the methods for transferring residential or commercial property between family members. This legal form conveys only that interest held by the grantor and a title to real estate. A residential or commercial property deed is a written and signed legal document that is utilized to move ownership of real estate from a previous owner (the grantor) to a new owner (the beneficiary or grantee).
This legal form is fairly common, and most real estate agents are experienced in dealing with it. It is typically used in a transaction involving family members. The grantor and the grantee are, therefore, less likely to avoid risks associated with limited to no buyer protection. It is also used to handle any problems regarding the title of the property. This may include the misspelling of a name, or when a property transfers ownership without money being involved.
Although the process is very straightforward, determining whether you qualify, as well as if it is the right method for your situation should be discussed with a qualified estate attorney. The Law Office of Paul Black is ready to provide the advice you need to decide how and when to use it.
What a Quitclaim Deed Georgia Does
Transferring a quitclaim deed is often the fastest and easiest method for one entity to transfer property to another. Basically, it allows the owner of business property (the grantor) to transfer that property to another company or individual and a homeowner to transfer property to a family member with less fuss. It is a process to stop the grantor’s interest in the property; thus, the name “quit claim.”
Generally, a grantor would need to guarantee that the title to the real estate is free and clear without any liens or additional owners who may block the sale, etc. A quitclaim, on the other hand, can be offered even if the grantor has no right to sell the property, which would leave the grantee without recourse.
Quitclaim deeds where one entity wants to transfer property to another have to be in writing, signed by the grantor and two witnesses who can’t be people who are parties to the quitclaim deed. According to the Georgia Law (O.C.G.A. 44-5-30), these are the minimum requirements for quitclaim deeds conveying real estate. One of the witnesses may be an official or the notary who acknowledges the grantor’s execution of the document.
Information about the value that would be given in exchange for the real estate is also information a quitclaim deed should contain, as well as the full names of grantees and grantors and a comprehensive legal description of the land.
After being signed and notarized, a quitclaim deed in Georgia has to be filed in the county where the property is located.
Who Uses a Quitclaim Deed?
Since these deeds offer no security, they are typically conducted for deeds moving between really close individuals. Business partners, family members, and even spouses who are divorcing often use this method for transferring property.
A quitclaim deed in Georgia can be also used to transfer property from or to a revocable living trust, transfer property one party owns by themselves into co-ownership with someone else, as well as transfer interests from one co-owner to another.
In these cases where both partners, the grantor as well as the grantee, understand the other’s interest in the property, and the status of the title, a quitclaim can be the easiest method to move ownership. However, it’s always best to expect the unexpected – and with that in mind, a Georgia attorney can help make sure this type of legal document serves your needs and if it is the best solution for your property.
A Trusted Advisor for Claim Deeds
Warranty Deed vs Quit Claim Deed
Get Help Now With Your Claim Deed From Georgia
Since people want to make the right choice for their particular situation, they may want to look at a warranty deed vs. a quitclaim transferral. Although a basic guarantee deed is most typical, other types of deeds, such as limited warranty deeds and quitclaim deeds, also satisfy this task. A qualified Georgia estate planning lawyer can help clarify the difference.
Warranty Deed
A warranty deed moves the majority of residential and commercial property transferred in Georgia. As its name suggests, this legal form transfers the title and offers promises, or warranties, relating to its validity. The seller guarantees that he owns the home or the property free and clear and that there is nothing that would interfere with the transference of ownership.
Most purchasers desire this type of legal document from the seller because this limits risk and provides security. There are scenarios, however, where a seller is just ready to supply a quitclaim deed.
Quit Claim Deeds
When the ownership for a property is less than clear, such as the homeowner shares ownership with one or more other individuals, the grantor releases or quitclaims their claim in the property to the grantee. Since this type of transfer is often conducted between the elderly and their descendants, hiring a lawyer familiar with providing resources for Georgia seniors and their families can be a crucial step.
With a quitclaim, the grantor can not guarantee the quality of the title, which increases the risk to the grantee. The deed clarifies this by using phrases like, “The Grantor makes no guarantee, express or implied, regarding the title of the property described herein.”
A Georgia quitclaim deed only transfers ownership of the real estate or property, and it offers no protection or guarantee to the grantee in case the grantor wasn’t honest about the property.
Warranty Deed Georgia Facts
Warranty deeds require a clear title throughout the life of the property. A limited warranty only requires the residential or commercial property to have a clear title from the time the seller got it to the point of sale to the purchaser. For this reason, a warranty deed includes phrases, such as “grantor permanently warrants and protects the title to the beneficiary and his successors.” This ensures that, under those guarantees, a purchaser who sustains a loss due to ownership-related problems that existed prior to the warranty deed has settlement options.
Using a transfer on death deeds or a beneficiary deeds can help avoid issues that may lead to probate court. Hire an attorney familiar with the various deeds, including quit claim deeds to navigate what can be a complicated topic.
Get Started Today: Expert Help With Non-Warranty Deeds
How to Get a Georgia Quit Claim Deed
Questions About a Quitclaim Deed Form in GA?
Quick Claim Deed Ga
While you will not require an attorney for this legal form, it must be signed and a notary public will be required to notarize the signatures of both parties, the grantor as well as the grantee. This verifies that both individuals signing the form are who they represent themselves to be.
If you do choose to consult an attorney to ensure this is the best option for you, research your options. Look at websites and read the About Paul page to determine whether the award-winning Law Office of Paul Black is the right counselor for a quitclaim deed.
How To File A Quit Claim Deed
Now that you know what it is, you probably want to know how to file a quitclaim deed. The process consists of several straightforward fields. Once the form is completed, it must be signed, witnessed, and notarized in the following manner.
- Grantor prints and signs his/her name and prints his/her full address
- Witnesses print and sign their names and print their full address
- Notary Public documents the county, date, present parties, Notary Public Number, Commission Expiration, and Notary Seal
- Contact the Georgia County Clerk for that county to determine what fees and transfer taxes are required
All documents regarding transferring property and changing how the property is titled have to be recorded. The clerk of the superior court office in the county where the property is located is in charge of recording.
Although there is no time limit for recording a Georgia quitclaim deed, failing to do so can result in potential problems. For example, if the grantor conveys a real estate to one grantee who doesn’t record the quitclaim deed, and to the other grantee who does, the first grantee loses the property. The burden of recording is placed on the grantee in Georgia, so by recording the quitclaim deed after execution, the grantee protects the interests of all parties involved in the process and makes the ownership history clear.
The completed quitclaim deed form must be submitted to the Georgia Clerk of County, where the property is located. Since each county has its own requirements, there may be additional steps depending on your specific circumstances. Contact the County Clerk or a local lawyer to discover more.
Our Experts Can Assist With Your Georgia Quitclaim Deed
Where to Get a Quit Claim Deed Form Georgia
Talk With Non-Warranty Deeds Expert Today
To start the process, find a Georgia quit claim deed form here. If you do not understand how to transfer property or you are unsure about the status of the property, that may not be the best option. Warranty deeds offer more security and are another good option. A reputable attorney can provide more information.
Georgia Quit Claim Deed Form Legal Advice
Although the process of filling out a Georgia quit claim deed form is simple, the decision to do so may require some consideration. To plan your transferral of commercial or residential property better, retain the service or request a free initial 15-minute phone call from a local law office. Contact the expert lawyers at The Law Office of Paul Black before you make your decision.
