QUITCLAIM DEEDS, WARRANTY DEEDS & SURVIVORSHIP DEEDS SOFTWARE
If you have the need to transfer title on a piece of real estate, then invariably you will need to create, execute and file a Deed.
A Deed is the document that transfers ownership in property from one person or legal entity to another.
When closing an arms-length real estate sale (a transaction not between family members purchased at market rate), the buyer pays the seller who in turn provides the Deed to the buyer. The buyer then files the Deed with the recorder's office or real estate office in the county where the property is located to complete the transaction.
If a person wishes to transfer property to a spouse, child, friend, family member, etc. without creating and signing a real estate contract or for an amount far under market value, the family can simply prepare a Deed. The family member(s) who will hold ownership in the property are named in the Deed, and then the Deed is executed and filed.
A Deed also may be commonly utilized:
- in Divorce situations, any change in ownership for real estate held within the marriage may necessitate the use of a Quitclaim Deed. If one person is going to keep the home, the other person will need to "quit claim" -- give up -- their portion of the home.
- if a Living Trust or other estate-planning tool (besides a Last Will & Testament,) is prepared, persons must transfer ownership of the real estate into the Trust; to make such a transfer requires the use of a Quitclaim Deed.
Within Standard Legal's Quitclaim Deeds legal forms software package are three types of commonly used deed types:
QUITCLAIM DEED This deed can be used when transferring or conveying property from one party to another without representation or warranties. This type of deed is generally used in "AS-IS" sales situations, or for transfers among family members, Trusts, etc., where an arms-length real estate sale does not take place.
WARRANTY DEED This deed is the one most commonly used for general real estate transactions. This deed "warrants" that the property is being transferred with clear title (i.e. without encumbrances except those that are filed on record). Most arms-length sales of residential property utilize a warranty deed.
SURVIVORSHIP DEED Deeds created "with survivorship" mean that if one of the named owners dies, the other listed owner(s) retains full title to the property. (Such a deed also permits one spouse who owns property in his or her name only to transfer that property to both spouses with survivorship.) Options to this structure include a Quitclaim Deed with Survivorship and a Warranty Deed with Survivorship.
Each of the Warranty Deed and Quitclaim Deed options listed above are available for the following marital status situations:
- Married couple transferring property to another married couple;
- Married couple transferring property to a single individual;
- Single individual transferring property to a married couple;
- Single individual transferring property to another single individual;
- A variety of forms that cover transfers to and from unmarried couples;
- And finally, a Quitclaim Deed that allows individuals or couples to transfer property into a Trust (or, conversely, from a Trust back to individuals or a married couple).
The deeds with Survivorship language are available for the following marital status situations:
- Married couple transferring property to another married couple;
- Single individual transferring property to a married couple;
- A variety of forms that cover transfers to and from unmarried couples.
The wide variety of options available from Standard Legal allows a person to quickly, easily and affordably create a Deed for the specific situation, with each Deed tailored to the writer's marital status and the marital status of the others involved in the transaction.
The forms provide by The Standard Legal Network are the most up-to-date, legally accurate and easiest-to-use in the industry. Many of our competitors provide forms that are poorly formatted, out of date or simply filled with inaccurate instructions. Please take a minute to review the bullet points at the right detailing the 13 REASONS why our Standard Legal Software packages are the clear choice for do-it-yourself legal products! Also, check out the software format features listed below and you'll get a look inside the software to see how it works!
ATTENTION ATTORNEYS AND PARALEGALS: IMPORTANT LICENSING INFORMATION FOR DOCUMENT PREPARATION PROFESSIONALS The legal forms software described above is licensed exclusively for use by do-it-yourself "pro se" individuals who are creating legal forms for themselves or their immediate family members. If you are a legal professional looking for software forms that can be used on behalf of clients in a commercial situation, please review our Professional Version option. See complete licensing terms for details.
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