I think you mean quitclaim deed; there is no such thing as quick claim deed. Yes, quitclaim deeds are legal, however, there are problems inherent with them. A quitclaim deed merely turns over whatever right the signor has over the property. It does not guarantee undivided rights to the property. For example:
Suppose I have a piece of property that was owed by my grandfather and in his will, the property was passed to me. However, lets also suppose that I never got around to changing the deed at the courthouse.
I sell the property using a quitclaim deed to you. You are under significant risk of loss since my own right to sell that property has never been perfected, since a title search has never been done, title insurance has not been purchased and the county courthouse has never recorded my name on the deed.
Suppose my brother, Jim, has a dispute over the will with me and takes me to court to sue for partial ownership of the property that I sold to you using the quit claim deed and Jim wins the rights to 1/2 of the property. At that time he can come after you for his 1/2 of the fair value of the property. You can't come after me for 1/2 of the money you paid me because I only agreed to "quit" whatever claim I had on the property in exchange for the sum of money you and I agreed upon.
For this reason quitclaim deeds are rarely used in law, no lender will extend credit on land unless the title is perfected. They are used a lot for estate planning and in conjunction with wills because nothing needs to be filed and they can be executed and stored with a will so that ownership passes on death and probate proceedings can be avoided.
2006-06-16 02:48:11
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answer #1
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answered by davidvario 3
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All Quit Claim Deeds are not created equal, or legal for that matter. It depends on whether it was signed before a Notary. However, it that standard is met, it may indeed be legal. There are such documents available on-line at Nolo.com. Typically, Quit Claim deeds are used in a divorce settlement (like mine) where one party is directed to give up ownership to another. So if this is your situation, then yes they are legal.
2006-06-16 09:38:44
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answer #2
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answered by currious about calculations 2
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It's actually called a Quit Claim Deed and it's absolutely legal, doing what it says - you give up your right to ownership. Just like any other deed it would need to recorded for it take effect. I have seen them executed primarily in a divorce situation where one party is awarded say, the marital residence. You are essentially having your ownership and name removed from the property.
Hope that helps you ...
2006-06-16 09:32:57
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answer #3
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answered by qnmumyv 2
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It is a Quit Claim and yes, it is legal. When I divorced my ex - I wanted out all the way and signed the house over to him. I did this by signing a Quit Claim Deed.
2006-06-16 09:32:09
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answer #4
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answered by butterfliesRfree 7
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Yes, it's perfectly legal.
2006-06-16 09:32:18
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answer #5
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answered by Kyle 3
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YES! As long as it's notarized and publicly recorded.
2006-06-16 12:06:50
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answer #6
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answered by Doretha B 1
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I think it is
2006-06-16 09:36:21
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answer #7
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answered by martha t 1
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