Quit Claim Deed - Best Practices

[Ramsey Howard]

I currently have an unfiled Quit Claim Deed in my name for my Primary Residence from a family member. The Quit Claim Deed is notarized and i have filled out the PT-61 form (Georgia), just haven't gone to the Tax office yet to file it. Wanted to be sure I am not missing anything in this process, I don't want to look back and wish i had transferred this property to myself in a different manner or if there might be any advantages to doing it differently. The residence is paid for and no money is changing hands. Any advice or suggestions will be greatly appreciated!

[Richard Balsam]

The Quitclaim Deed isn't as strong as another type of deed ( like a special warranty or just a "regular" Warranty Deed - but it will work fine.

All it says is that the person who gave it to you relinquishes any control over the property - you still have the same position as before- except maybe 100% ownership now. Either way - they cannot come back to you years from now and claim they have an interest - as long as you file the deed asap. So- title will show that you own their portion- not them. Yes- anyone can quitclaim anything - even if they don't own it - but in this case- they did own a share of the home- and now they don't - once you file the deed. 

Just double check before filing the deed that no other deed or lien was filed against the property by them- or someone else - just to be sure that their Quitclaim is filed after your original warranty deed was filed. Otherwise- a title issue may be present when you try and sell the home down the road.

Quitclaim is used a lot when transferring between companies or in cases of divorce, sickness (near death), etc.