Understanding the Quit Claim Deed Georgia: A Comprehensive Guide

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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: October 26, 2023.

Georgia Quitclaim Deed

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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 to move real estate ownership from a previous property owner (the grantor) to a new owner (the beneficiary or grantee).

Georgia quitclaim deed 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. Therefore, the grantor and the grantee are less likely to avoid risks associated with limited to no buyer protection. It is also used to handle any problems regarding the property’s title. This may include the misspelling of a name or when a property transfers ownership interest without money being involved.

Although the process is very straightforward, determining whether you qualify and 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 must 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 non-warrant 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 Form?

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 also transfer property from or to a revocable living trust, transfer property one party owns into co-ownership, and transfer interests from one co-owner to another.

In these cases where both partners, the grantor, and 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.

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Warranty Deed vs Quit Claim Deed

Warranty Deed Vs Quit Claim Deed

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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 typical, other 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 most 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 nothing would interfere with the transference of ownership.

Most purchasers desire this 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 of 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 older people and their descendants, hiring a lawyer familiar with providing resources for Georgia seniors and their families can be crucial.

With a quitclaim, the grantor can not guarantee the quality of the title, which increases the risk to the grantee. The deed clarifies this 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 offers no protection or guarantee to the grantee if the grantor isn’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 when 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 before the warranty deed has settlement options.

Using a transfer on death or 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 a complicated topic.

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How to Get a Georgia Quit Claim Deed

Georgia Quit Claim Deed

Questions About a Quitclaim Deed Form in GA?

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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 and the grantee. This verifies that both individuals signing the form are who they represent themselves to be.

If you consult an attorney to ensure this is your best option, 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 their name and prints their 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 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 the County where the property is located. Since each county has its own requirements, additional steps may be required depending on your circumstances. Contact the County Clerk or a local lawyer to discover more.

How To File A Quit Claim Deed 1

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Benefits and Limitations of a Quitclaim Deed in Georgia

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While a quitclaim deed in Georgia can be a simple and efficient way to transfer property between family members, it is important to understand its benefits and limitations. Some of the benefits include:

  • Quick and easy process: Unlike other deeds, a quitclaim deed does not require an extensive review of the property’s title history and can be completed relatively quickly.

  • Cost-effective: A quitclaim deed typically has lower filing fees than other deeds, making it a cost-effective option for transferring property ownership.

  • Flexibility in transfer: Quitclaim deeds can be used to transfer partial ownership, making it a useful tool for co-owners to transfer their interests to each other.

However, there are limitations to using a quitclaim deed in Georgia:

  • No guarantee of ownership: As mentioned earlier, a quitclaim deed does not provide any guarantees or warranties about the property’s title or history. This means that if issues arise with the property after the transfer, the grantee may not have legal recourse.

  • Not useful for commercial property: Quitclaim deeds are typically used for residential property transfers and may not be suitable for commercial or investment properties.

  • Potential tax implications: A quitclaim deed transfer may trigger real estate transfer taxes depending on the circumstances. It is important to consult with a lawyer or tax professional before completing a quitclaim deed to understand potential tax implications.

Where to Get a Quit Claim Deed Form Georgia

To start the process, find a Georgia quit claim deed form here. If you do not understand how to transfer property or 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 filling out a Georgia quit claim deed form is simple, the decision may require some consideration. To better plan your commercial or residential property transferral, 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 deciding.

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