That’s the only situation in which I would recommend you pay anybody any money for a “quitclaim” deed.What kind of contract do you need? That depends on how you want to do the transaction. They didn’t make OR BREAK any promises, so they were not committing fraud and got away with it.Hopefully this will not apply if the facts of your situation are that you and your partner (did you mean DOMESTIC partner? Or BUSINESS partner?) are BOTH on the title deed of the property, as either Tenants In Common (TIC) or as Joint Owners with Right of Survivorship (JWROS), meaning that YOU (and he) are already the legitimate claimants to that property, so that, by means of his giving you a quitclaim deed, you will become the SOLE legal owner of the property. The scammers who “sold” greenhorns the Brooklyn Bridge, back in the day, used quitclaim deeds. A “quitclaim” deed is to be distinguished from a “warranty” deed, in that the grantor of a quitclaim deed gives you NO PROMISES or guarantees that he has ANY colorable interest in the property in question AT ALL. It means the grantor - the person giving you the deed (which you must then record with the land records office in your county, usually accompanied by paying a fee) - “quits” any claim he has or may have to that piece of property, in favor of other rightful claimants (such as yourself). I suggest you consult a Florida lawyer on the basis of a detailed and CONFIDENTIAL statement of your situation, for actual legal advice, not seek random responses from fellow Quorans on a public forum based on an extremely sketchy statement of your facts.That said, as long as you’re here anyway, the term is “QUIT” claim deed, not “quick” claim. Notary Public and 1 Other Witness ( § 44-5-30 & § 44-2-15)Ĭounty Recorder’s Office ( See County Websites)Ģ Witnesses or a Notary Public ( KRS 382.130)Ģ Witnesses and a Notary Public ( CC 1839)ĭivision of Land Records at the Circuit CourtĬounty Court Clerk’s Office ( See County Websites)Ĭounty Recorder’s Office (See County Websites)Ĭity/Town Office (varies by area) ( See City/Town Websites)Ģ Subscribing Witnesses or Notary Public ( § 30-5-30)ġ Subscribing Witness or Notary Public ( § 43-25-26)Ģ Witnesses or a Notary Public ( § 66-5-106)Ģ Witnesses or a Notary Public ( § 12.What agreement is needed to buy out my partner after a quick claim deed in Florida?I do not practice in Florida and am not admitted in Florida. After the deed has been completed and signed, it is ready to be filed with the Recorder’s Office (or the Clerk of Court in some states).Ģ Witnesses or a Notary Public ( § 35-4-20)Ģ Disinterested Witnesses and a Notary Public ( § 16-47-106)Ĭounty Recording Office ( See Map of Counties)Ģ Witnesses and a Notary Public ( § 695.03)Ĭounty Recording Office ( See County Websites) In each of the following states, only the grantor(s) have to sign the deed under the following requirements. Tenants by the Entirety – Does not allow one spouse to sell their interest in the property without the other’s consent. If one of the spouses becomes deceased, the ownership of the property would transfer to the heirs listed in their Last Will and Testament. Tenants in Common – Spouses are allowed to sell their ownership interest without the approval of the other. Joint Tenants (Rights of Survivorship) – If one of the spouses becomes deceased, the other spouse obtains their ownership interest in the property. There are three types of ownership interest in property: Transfer on Death Deed – Allows a grantor to designate a specific beneficiary to receive real estate property upon death, bypassing the probate process. Less commonly used but useful in some cases. Special Warranty Deed – Guarantees the rights to the title from the grantor’s time of ownership but not from any prior owners. There is no guarantee given by the grantor that there aren’t any defects to the title of the property. Quit Claim Deed – Commonly used when the grantor transfers property for business, divorce, litigation, or between family without a financial exchange. By Type (4) General Warranty Deed – Guarantees that the grantor has the full authority, also known as “fee simple,” to transfer the title to the grantee. Transferring the property may incur transfer taxes, which must be paid at the recording time. After completing the deed, it is recorded in the local registry of deeds. A deed conveys the ownership of property from a seller (“grantor”) to a buyer (“grantee”).
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