A quit claim deed is a legal instrument in Illinois that transfers real estate ownership from one party to another. The reasons for using a quit claim deed include transferring property interest in a former marital residence or between family members. Gateville Law Firm specializes in real estate and quit claim deed preparation, with attorneys and support staff with extensive experience in these areas.

One significant reason for using a quit claim deed is to transfer ownership in a former marital residence, often required by a divorce decree or marriage settlement agreement. Another reason is to transfer property ownership among family members or to remove someone from real property. Preparing a quit claim deed is a complicated process that requires precision and expertise.

At Gateville Law Firm, our attorneys and former title insurance employees have prepared thousands of quit claim deeds over the years. This experience gives us a breadth of knowledge and qualifications, which is uncustomary for real estate attorneys. We understand that ill-prepared quit claim deeds cause title issues, which are costly legal problems. Often, lay people mistakenly attempt to prepare their quitclaim deeds. This results in cases that may only be found later. At that point, these legal issues can be costly and much more challenging to fix. These title issues can impact one's ability to refinance or sell a property. People often find out about these decisions when attempting to refinance or sell their property. At Gateville Law Firm, our documents are accurate and prepared correctly.

Bolingbrook Quit Claim Deed Lawyer: What are Quit Claim Deeds

A quitclaim deed is a real estate tool that aids in changing the legal title to a property. A quitclaim deed is different from a warranty deed because a quitclaim deed does not accompany with it the warranties on interest, meaning that whatever interest the titleholder had is what is being conveyed, whether it be incorrect or encumbered. Additionally, because a quitclaim deed is only a transfer of title and no interest in being sold, the transfer is exempt from specific transfer taxes imposed by the city. There are many reasons why one might need a quit claim deed. At Gateville Law Firm, we will be able to explain whether a quitclaim deed is advisable and if so, can complete the deed to ensure there are no errors that would result in the deed being rejected by the county. 

Adding a Person to Title

A common reason for a quitclaim deed is to add an individual to the title. This could be because the title holder gained a roommate, married, or wants an additional individual on the title. Gateville Law Firm assists in advising any possible repercussions of adding the individual and delineating the type of ownership between the parties, whether it be a tenancy in common, joint tenancy with the right of survivorship, or a tenancy by the entirety. Each tenancy has different requirements and, without superior knowledge, can likely be done incorrectly.

Removing a Person from the Title

Similar to adding an individual, it is common for a quitclaim to be done by removing a party from the title. However, this can be a more complicated process, as the individual who is being removed must also sign off on the deed. This means the transfer cannot be done in secret, and all parties must be fully disclosed before the deed is completed. This transfer type is often seen during a divorce where both parties are on title to the property. The divorce decree will dictate who will be removed from the title, and the party being removed must sign according to the terms of the Judgment.