Divorce, in itself, is a process which is packed with heart reckoning and heart rending issues. You are often subjected to the emotional weariness to such an extent that you sometimes forget your own self and your interest. So instead of looking at divorce from an emotional point of view, let us detach it from ourselves and look at it from a different angle, as some sort of a business deal out of which we need to make the best bargain possible.

When a couple separates, all the things they had shared, right from the utensils in the kitchen to the marital properties, are divided between them. And to decide on who gets what and to be justified, deeds which are vitally meant for legally transferring certain properties from one person to the other are necessary.

Quitclaim deed is one such legal document which quits a person’s claim or interest on a conjugal property that has been passed over to the other person. The person giving away the interest is usually referred to as the grantor and the one receiving is referred to as the grantee. It is one of the most commonly used deeds between spouses who are divorced or has filed for a divorce.

Apart from the Quitclaim Deed, there are deeds such as the Warranty Deed and Survivor Deed, which rule over the transfer of ownership of a property. This deed is a proof for the transfer of the property from one person to the other. It is important for you to choose the most appropriate deed from among these three Deeds. Quitclaim Deed is specifically meant for transferring the title of a property from one person to the other or when a person wants to set up a Trust, and wants to fund the Trust with the property.

Here are some important things to be kept in mind while you file a Quickclaim Deed:

1) Depending on the laws of the state, either both the grantor and grantee’s signature may be required or just the grantor’s need to sign the Deed. However, in some states to make the Deed valid, witness other than the notary public needs to sign the Deed.

2) The deed must be recorded in the land records office where your property is located.

3) If you are the grantor then after signing the Quickclaim Deed, keep hold of the life estate, so that you have the right to stay at your property till your death.

4) Once the Deed is signed, it is very difficult to invalidate it. The grantee may refuse to quitclaim the property back to you. If, in case, such a situation arises, then you will have to prove that you were made to sign under pressure.

5) The Deed should bear the legal names of both the husband and the wife. If the couples are already divorced, then it should bear the names that are on their divorce paper.

However, if the property is mortgaged then the quitclaim doesn’t liberate the person from mortgage commitment. But you can claim the ownership if you refinance the mortgage. This form of Deed is typically for couples seeking for divorce. It is used to transfer your property to your ex-spouse. A Quitclaim Deed offers no guarantee. Nor does this assure that the property is free of debt or that the grantor has the right to ownership of the property or if there is any joint tenancy or right of survivorship.