Quit Claim Deeds in Georgia
Guide to Quit Claim Deeds in Georgia
Deeds, properly recorded, are required for all real estate transactions in the state of Georgia. A deed formally transfers ownership in a piece of property to another person. Even gifts or transfers from one family member to another require that a deed be written and recorded. One type of deed commonly used to transfer property in Georgia is a quit claim deed. This type of deed is usually used when a piece of property is transferred between close relatives. In this guide, you will learn what a quit claim deed Georgia is and why you might need one.
What Are Quit Claim Deeds?
A quit claim deed is one of the simplest kinds of deeds. Essentially, it allows the grantor—the person giving away or selling the property—to “quit,” or give up, his or her claim to the piece of property. In most kinds of deeds, the grantor must be willing to certify that the property does, in fact, belong to him or her and has a clear title. However, a quit claim deed Georgia does not require the property to have a clear title. In fact, a quit claim deed can be filed even if the grantor has no legal right to the property, leaving the grantee (the person being given or sold the property) empty-handed.
When Should a Quit Claim Deed Be Used?
Because no warranties are implied or expressed by a quit claim deed Georgia, they are usually reserved for deeds transferring property between people who are very close. Spouses sometimes use a quit claim deed to transfer property from one to the other, including when one spouse is moving out during a divorce. Because both spouses know the other's interest in the property is valid (and, presumably, both know the status of the title), a quit claim deed is the simplest way to transfer ownership.
Similarly, a quit claim deed Georgia is sometimes the fastest and simplest way for an investor to transfer ownership from himself as individual to himself as corporate entity, or for a parent to give a piece of property to a child.
When Should a Quit Claim Deed NOT Be Used?
If you do not know the person transferring the property, or if you are even slightly unsure as to whether they own the property in question, do not use a quit claim deed Georgia for your transfer. Instead, you will want to seek out a warranty deed, which will allow you to seek legal restitution if the grantor lied or misrepresented his interest in the property.
Do I Need a Lawyer?
Because a quit claim deed Georgia is so easy to write out and file, most people do not need a lawyer for the actual writing and filing of the deed. A lawyer may be useful for identifying whether your proposed use of a quit claim deed is the best way to transfer a piece of property.
While you will not need a lawyer, a notary will need to be present to notarize the signatures of both parties to the quit claim deed Georgia. This ensures that both people signing the deed are who they represent themselves to be.
