Ageing adults who are moving to a retirement facility may decide to transfer property they own to their child. There's no reason to employ a real estate attorney or title company to complete the transfer, because it can be easily self-prepared and filed for a fraction of the cost. Since quitclaim deeds may be found online for little or no cost, transferring property to a child may be completed legally and economically.
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Determine if the property still has a mortgage or is owned outright. If the house, mobile home or vacant land has a mortgage attached to it that has not been paid in full, the child receiving the property will be required to pay off the current mortgage, possibly by securing a loan through a financial institution, before the transfer may be completed.
Complete a quitclaim deed. A quitclaim deed, also known as a deed of release, is used to transfer ownership from one party (granter) to another (grantee), releasing any and all rights the granter has to the property. Quitclaim deeds, which can be completed quickly, easily and inexpensively, are ideal for situations when the parties have close associations, according to Quitclaim.com.
Sign the deed in front of a notary. After signing the deed, a notary must sign and stamp the deed with his notary seal to signify he witnessed the signature. In some states, additional witnesses may be required to sign the deed before it is considered valid.
File the deed. The notarised deed must be filed with the land records office in which the property is located to finalise the property transfer.
Follow up with the paperwork. After the quitclaim deed has been recorded with the county, it may be sent to the granter, grantee or both parties. The child, or grantee, should contact the land records office to ensure the deed has been received and filed.
Tips and warnings
- A notary may be found at any bank or your local library, for little or no charge.
- A small fee may be required by the county recorder's office to file the deed.
- If the child is under the age of 18, a conservatorship must first be established before the transfer may be completed with a quitclaim deed.
- A quitclaim deed is difficult to reverse. Proof is required to show the transfer was invalid by providing evidence the deed was signed under external threats or pressure or that the grantee lied, according to Lawyers.com.
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