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Whether there’s been a death, divorce or change of personal circumstances, there may be a reason for you to remove a name from a property deed. This process is done using a deed of conveyance, which is either in the form of a quitclaim deed or a warranty deed. It’s important to remember that the policies surrounding how to take someone’s name off a deed are all part of real estate law which is primarily determined by provincial and territorial governments. This means the policies you’ll be dealing with as you move through this process will be different depending on where in Canada you live.
What Is A Quitclaim Deed?
A quitclaim deed is used to sign over a property title to another person. When a person signs this deed it means they’re giving up all rights and claim to a property. This type of deed offers very little protection to buyers as there’s no exchange of money or warranties. Since this process requires a lot of trust to effectively execute, quitclaim deeds are often used between trusted people like a spouse or family member.
Why Do You Need A Quitclaim Deed?
There are many reasons why you may find yourself in need of a quitclaim deed. Some of the most common include getting a divorce and needing to divide up assets, removing a deceased person from the deed, or dealing with a change in personal circumstances that makes it difficult or impossible to continue being financially responsible for a property.
What Is The Difference Between A Warranty Deed And A Quitclaim Deed?
The process of removing a name from a property deed can be done using either a quitclaim deed or a warranty deed. Before you can determine which one is better suited for your personal situation, it helps to understand the type of property you’re working with and the people who will be impacted by the change of deed.
A quitclaim deed is used to turn property over from a seller to a buyer. So, if the seller owns a home, they can give a quitclaim deed to the buyer, and the seller’s entire interest has been transferred. This process has no warranties or title.
A warranty deed includes a statement that says there are no outstanding claims on the property and that the grantor owns the property free and clear of all liens. This deed typically represents a transfer of property and communicates that the grantor is the rightful owner so he/she can transfer that ownership when it’s sold or exchanged in the future.
Quitclaim Deed Form
A quitclaim form can be found online or often at a county or city clerk’s office. If you want to remove your name from a deed, you’ll need to fill out this form and ensure the name on the title deed matches the name on the form. In most places, you’ll also need the signature of all parties involved, including the person granting the deed. Conveyance deeds like a quitclaim deed are only valid if they’re executed properly so it’s important that you understand how to fill out the form and what is required of you to complete the process. You should only sign this deed if everything is correct and if your attorney has advised accordingly.
You can expect to see the following items outlined on the quitclaim deed form:
- The name of the grantor (the person transferring their ownership) and grantee (the person to whom ownership is being conveyed)
- The address of the property
- The date of the transfer
- The location where the deed is signed (including the city and province/territory)
- A document number or reference number from the land title office where the previous deed was filed
- The reason for the transfer
- What the grantor will receive from the transfer — for example, a sum of money
- Relevant financial and tax info including the legal description of the property and the property’s Parcel Identification Number (PIN), which is on the Property Assessment Notice sent by tax authorities
- The form of ownership
Once you have a better idea of what type of property you want to transfer and who will be impacted by the transfer itself, you can determine if a quitclaim deed is the right choice for your personal circumstances. It’s advisable to seek out professional help so you can navigate the process of changing the property title with confidence and ease. Not sure how to move forward from here? Want to learn more about your options when it comes to conveyance? Reach out to our team and continue the conversation!