A quit claim deed (sometimes called a “quitclaim deed” or “quick claim deed”) is used to transfer ownership or add someone to the title / deed of an Arizona home.
There are many reasons why someone would need a quit claim deed. The main purpose of a quit claim deed is to transfer ownership of an Arizona home.
Sometimes people want to remove a person from the deed of the house. For example, one spouse may use a quit claim deed during their divorce. One spouse might want to remove the other from the deed of the house. However, it should be noted that the mortgage is a separate issue. Removing a spouse from the deed does not remove them from the mortgage. Please contact your bank about this!
A quit claim deed could be used to add people to a title or deed. Perhaps someone owns a home and would like to add another person or persons to the title. An example of this might be an investor who takes on a partner, and wants the partner added to the deed. Maybe a parent wants to add children to a deed, but remain on the deed also.
Often, when refinancing or obtaining a new mortgage, a bank will ask that one person signs a quit claim deed at closing. This often happens if one spouse does not have good credit. Perhaps you’d like to add your spouse back to the deed now that the loan has funded.
A quitclaim deed can be also be used to add or remove multiple people from an Arizona home deed or title. For example, let’s say five siblings owned a home together as an investment, but two of the siblings want “out”. A quit claim could be used to remove the two siblings, but keep the three investors on title.
Another example of this would be someone gifting a home to someone else. We often prepare quit claims for parents, who are leaving / giving their home to a child. The parent names are removed completely in this example.
To be clear, our fee of $150 is to make sure it’s done correctly. That is our fee to have a licensed, insured, bonded Arizona Certified Legal Document Preparer (CLDP) make certain it is done correctly. Maricopa County also charges a $50 filing fee to file the paperwork at the courthouse.
If you are do-it-yourself type person, below, you will find information that is important to read and understand before you prepare.
Just click below to open the full instructions from the Maricopa County Recorder’s Office.
Here is the link to the Arizona State Statue ARS 11-480.
However, be sure to read the instructions carefully because if there are mistakes in the paperwork, it will be not be accepted by the court.
Many people are not taught of the importance of putting their home in a trust. People think that a quitclaim deed is all that they need. If your home is not in a trust and you die, the house does not go directly to your family. Your family must spend months in probate court to prove they have rights to the house. They will also end up spending thousands of dollars in lawyer fees.
One way for your family to avoid probate court after you die, is to have your home in a trust. Putting your home in a trust will ensure a smooth transition after your death. When your home is in a trust, the title can easily be transferred to the desired family member without needing to go to court.