Signing a Quitclaim Deed Between Family Members

Start with the legal description

The deed must describe the property exactly. Copy the legal description from the current recorded deed, not just the street address. Typos here can cause rejection by the recorder or confusion later.

A title company, attorney or the county records office can help you get a copy of the existing deed.

Names must match

Use each person's full name as it appears on the existing title and on their ID. If someone changed their name, mention both. The giver is the grantor, and the receiver is the grantee. How the receivers hold the title, such as jointly or as tenants in common, changes what happens on a death, so decide that with advice.

A notary cannot choose that wording for you.

The signing

The grantor signs before a notary with valid photo ID. The notary does not need the grantee present unless the form says otherwise. The signer should not sign in advance. The notary completes an acknowledgment, and some counties have extra requirements for margins, paper and cover forms.

If the grantor is elderly or ill, a visit at home or in a facility can be arranged.

Recording and extra forms

The signed deed is normally recorded in the county where the property lies. Some places require a transfer disclosure, a property tax form or a fee schedule. Check the county's rules. Recording gives public notice of the transfer.

If there is a mortgage on the home, the lender may have rights under the loan terms when ownership changes.

Ask an attorney first

A family transfer can affect taxes, Medicaid eligibility, property insurance, creditor claims and inheritance. A quitclaim is easy to sign and hard to undo. Talk to an estate or real estate attorney before you commit, especially for gifts of a primary home. MCC Solutions can notarize your signature and handle recording delivery, but it does not provide legal advice.

A worked example and common pitfalls

Two siblings inherit a home and one wants to buy out the other. The selling sibling signs a quitclaim deed before a notary in return for payment arranged separately. The deed is recorded, and the buying sibling now holds the whole interest.

If there is a mortgage left from the parent, the buying sibling still needs to deal with the lender. The deed does not change who owes the debt.

Using the wrong legal description. Forgetting the signature of a co-owner. Leaving out the notary acknowledgment. Missing a county transfer form. Assuming a quitclaim ends a mortgage. Failing to record. Each can leave the family with a cloudy title that must be cleaned up later at greater cost.

Think about how the family will communicate afterward. A deed can change who pays taxes, who maintains the house and who has the right to sell. Hold a conversation with everyone involved, and record the outcome in writing. Misunderstandings between relatives often cause more trouble than any technical problem with the deed itself.

Common questions

More notary guides

• Who Can and Cannot Be a Witness to a Signing
• Notarizing for Blind or Low Vision Signers
• Estate Planning Signing Package: What Happens on Signing Day

This guide is general information, not legal advice. Fees and procedures change; check with the office involved or an attorney for your situation.