Quitclaim Deed: Simply Explained...

Let me take a shot of defining "Quitclaim Deed" in layman's terms:  

A quitclaim deed is to simply quit claiming ownership to a piece of real property.  It is like standing on top of mountain, proclaiming for all to hear:  "I DO NOT OWN THIS PROPERTY!" 

I like to think of a quitclaim deed as an incomplete grant deed.  A grant deed proclaims, "I OWN THIS PROPERTY!  I GIVE THIS PROPERTY TO ___________ !" 

A quitclaim deed makes no promises of past ownership.  In other words, the grantor is saying, "I am not sure whether I own this property, but if I do, I am giving my interest to ___________. "  An example of the most common use of a quitclaim deed is between married spouses.  If one spouse owns a piece of property, but the other spouse does not own it, a quitclaim deed can be signed and recorded to make it clear to the world of this intent: "I DO NOT OWN MY SPOUSES PROPERTY!"  

In California, this is important, because we live in a community property state.  The presumption is that spouses own possessions together.  

 Ken Jorgensen, California Attorney
www.fresnolawgroup.com

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