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A quitclaim deed does not have any warranties associated with it. Spouses in divorce often use quitclaim deeds in real estate transfers. This spouse is sometimes referred to as the “in-spouse”. The grantee would be the spouse that agreed to retain the property on their own or the spouse that was awarded the property as part of the divorce settlement. They are also sometimes referred to as the “out-spouse”.
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In a divorce scenario, the grantor is usually the spouse departing the residence. With each quitclaim deed, there is a spouse that is labeled as the Grantor, and a spouse that is labeled as the Grantee.Ī Grantor is the one transferring or conveying their interest in the property.Ī Grantee is the one receiving the interest, or the spouse that has agreed to take ownership of the property in their name alone. Sometimes it’s also called a non-warranty deed.
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What is a quitclaim deed?Ī quitclaim deed (often mistakenly referred to as a ‘quick claim’ deed) is a document that is used to transfer your interest in a property. However, signing a quitclaim deed is an important step in the divorce settlement process and the consequences of signing this instrument prior to divorce should be carefully considered. In most cases and in most states, including California, a quitclaim deed form is going to be the simplest way to accomplish this. In order to transfer ownership of the marital home pursuant to a divorce, one spouse is going to need to sign a quitclaim deed, interspousal transfer deed, or a grant deed, in order to convey the title to the property.