What’s a “quick claim” deed?

While working with a client on a recent trust issue, it became clear that property was going to need to be retitled into the name of the trust. When I explained the issue to my client, the response was, “Oh, we can just use a ‘quick claim’ deed, right?”

Unfortunately, no – Colorado has yet to recognize a “quick claim” deed, but you can often get away with using a quit claim deed. The mistaken terminology is quite common, however. The misnomer is likely the result of the relative ease and simplicity of the deed compared to a general or special warranty deed.

Regardless of how people term the deed, the quit claim deed can become quite useful in the estate planning process. For instance, a couple who recently married may consider executing a quit claim deed to add the non-homeowner spouse to the title of the home. By owning the property as joint tenants with right of survivorship, the couple may avoid, or greatly simplify, the probate process at the first spouse’s death – just by executing one, “quick” document. Other appropriate uses may include transfers into trust, gifting arrangements and asset protection.

All property transfers and estate planning techniques should be considered carefully and discussed with your attorney.

Patrick Curnalia is an estate and tax planning attorney with Curnalia Law, LLC.  Patrick has worked with many clients to help them achieve their planning goals.  Our firm services the entire Denver area and is located near the Denver Tech Center.  Find out more about how our firm can help you by visiting our website at www.curnalialaw.com.

2 thoughts on “What’s a “quick claim” deed?

  1. Elmer Edwards

    My wife and I divorced in 2012. She got the home but she never took my name off the title or the loan now she wants me to sign a quit claim deed. Is that something I should do?

  2. Curnalia Law, LLC Post author

    If the divorce decree awarded the house to your wife, you probably should have been removed from title and loan. The quit claim deed would be the simplest way to remove you from title, but it will not remove you as a responsible party on the loan. Before executing a deed you should make sure that you are removed as a personal obligor of the loan. You do not want to be in a position where you are responsible for a loan on a property you no longer own. Your divorce attorney should be able to help you through this process and make sure that you execute the necessary documents. I highly recommend working with an attorney to make sure that everything is correct.

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