5/18/11

How to Get a Quick Claim Deed in Delaware

Quitclaim deeds transfer only the interest the grantor possesses at the time of the transaction. The grantor is the person transferring the title. If the grantor misrepresents that he has a valid title, and transfers the land to a new owner -- called the grantee -- then the grantee receives only a piece of paper and could lose title to the land if the real owner sues. For this reason, quitclaim deeds are typically only used between parties who know each other. In Delaware, quitclaim deeds must be in a form similar to that listed in the Delaware Property Code.
    • 1

      Open a new document in your word processor. Center the cursor and title the deed "Quitclaim Deed."

    • 2

      Write the following language, from the Delaware Property Code, on the first line of the deed: "This Deed made this [day] day of [Month], A.D. [Year]."

    • 3

      Write: "Between [Grantor's name], of [Grantor's address], party of the first part and [Grantee's name], of [Grantee's address], party of the second part." This language satisfies the "Form of Deed" statute in the Delaware code.

    • 4

      Write: "Witnesseth, that the said party of the first part for and in consideration of the sum of [amount given for the transfer] the receipt of which is hereby acknowledged, hereby quitclaims unto the said party of the second part." You must write "quitclaims" in this section. Note that the Delaware code uses "grants and conveys." However, this will create a grant deed, not a quitclaim deed. Pursuant to Part B of the "Form of Deed" statute, use the limiting language "quitclaims" to create the quitclaim deed.

    • 5

      Write: "The Property at issue in this deed is:" and describe the property at issue in the transfer. Use the address, plot and tract numbers to describe the property.

    • 6

      Sign the deed in the presence of a Delaware notary public. Take the deed to a property records office in the county where the property is located and ask the deed to be "recorded." Recording a deed creates an official record of the transfer and allows the public or other interested parties to look up the parcel of land and see who owns it now and who owned it in the past.

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