Quit Claim Deeds – Real Estate Attorneys Georgia
Coleman Legal Group, LLC | Phone: 770-609-1247
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Georgia Quit Claim Deeds
Transfer property in Georgia can frequently be done with a Quit Claim. You can use a Quit Claim deed to:
- transfer property to or from a revocable living trust
- transfer property to an irrevocable trust
- transfer property to one spouse as part of a divorce
- transfer one co-owner’s interests to another co-owner
- transfer property you own by yourself into co-ownership with someone else
- change the way owners hold title to the property
- to gift property to a family member, friend, or charity
To be a valid transfer of real property, a Quit Claim deeds need to be signed by the grantor(s) (person, persons, or representative) that owns the property, a notary, and a witness. Also, the Quit Claim needs to be recorded with the county real estate records office along with a completed PT-61 form. Also, a Quit Claim will usually include a detailed legal description of the property and a reference to the Parcel ID (aka tax/parcel number). The Parcel ID is typically part of a property assessment and is the same as the Tax ID Number assigned by the Assessor’s Office. A Parcel ID is listed on the property tax tax bill and used by the county Tax Assessor’s Office in identifying properties and tax payments.
What You Need to Know About Georgia Quit Claims
There’s something about the phrase “quit claim deed” that makes people want to use it. Perhaps it’s because some folks call it a “quick claim” deed, and maybe that leads some to hope that a quick deed will be less expensive or somehow less complex than another form of deed. One of the most common questions I get: If I want to transfer ownership of this property to another person, why can’t I just use a quit claim deed? Well, the answer is simple. You can, indeed, transfer your interest in a piece of real property to another person or entity with a quit claim deed in Georgia. But this may be a situation where you are not making a wise legal decision. This is because in Georgia, attorneys use a variety of deeds to transfer interests in real property, and each has a specific purpose.
A quit claim deed is a complete transfer from the grantor (person granting) to the grantee (person receiving) with no guarantee of the validity of the interest. A person giving you a quit claim deed is saying: “I don’t know if I have any ownership in this property or not, but if I do, I am giving it to you.” Thus, someone could offer to sell you my complete interest in the Empire State Building in Manhattan for $10, so long as you accept the transfer by way of quit claim deed. Because I have no legitimate interest in that building, I would have transferred nothing to you. If the person did, in fact, own the Empire State Building, a quit claim deed would transfer all my interest in that property to you. The problem is not in the transfer, it’s in the warranty of ownership that is missing in the quit claim deed.
In almost every case where you would be buying a home, your attorney will insist on your receiving transfer of ownership by a general warranty deed, the highest and best form of ownership transfer in Georgia. In addition to granting you ownership, the warranty deed carries a personal guarantee of undisputed ownership that the quit claim lacks. So if there is ever a claim against your ownership or a dispute about the validity of your title, you could fall back on the warranty you received at the time of purchase. In most warranty deeds, that promise to defend your interest lasts “in perpetuity,” that is, forever. It is advised that whenever possible, use a general warranty deed to take ownership of real property. Only use a quit claim deed after consulting with an experienced real estate attorney.
In Georgia, there are five (5) general types of deeds used to transfer property or titles:
- Warranty deed (also called General Warranty)
- Limited Warranty Deed
- Executor’s Deed (used in probate)
- Gift Deed (when a property is being gifted)
- Quit Claim Deed
Warranty Deeds and Limited Warranty Deeds are usually the most reliable because they offer a “covenant” proving that the land is indeed owned by the “grantor.” However, they are harder to obtain and often take more time to negotiate. Quitclaim Deeds are sometimes used to transfer property as well as clear titles. Sellers tend to be more willing to transfer property through Quit Claim Deeds.
But don’t be fooled. Sometimes it’s best to take things slow and go through the proper channels. Quit Claim Deeds offer no warranty that the grantor has any rights to transfer the property. Could you use Quit Claim Deeds and still feel protected? Of course, if you act with due diligence. Before accepting a Quit Claim Deed, it is best to be educated on the subject and get the proper protection of your title by getting things such as title insurance. Sometimes, the situation can get sticky, so it’s best to be prepared. For example, let’s say a seller offers you a Quit Claim Deed for the purchase a house. You determine through your due diligence that the seller isn’t actually the owner, and it is your responsibility to find the true owner in order to get the rights to the house.
In the past, Quit Claim Deeds gave complete ownership to the holder after seven (7) years of uncontested use, even if the person who gave you the deed wasn’t the real owner. However, now it’s not as simple. More documentation than just the Quit Claim Deed is required to be recognized as the official owner of property. See O.C.G.A. § 44-14-210 and O.C.G.A. § 48-4-44 of the Official Code of Georgia to learn more about Quit Claim Deed laws.
Deeds in general can be very complicated to draft and understand, so it’s best to seek the help of a professional before putting your money at risk.
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Updated: 2022-11-16
