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Still, it's possible for a granter to have a mortgage and file a quitclaim deed. In these cases, the granter remains legally responsible for the mortgage, even after ownership is transferred to the grantee. A quitclaim deed transfers ownership, but it doesn't have anything to do with debts or claims on the property.
If there is no mortgage, there is of course no way for the quitclaim deed to affect the mortgage. In some cases, the granter does have a mortgage while filing a quitclaim deed. The new owner will have the title of the property, but the original granter will still be liable for the outstanding mortgage.
In some instances, however, quitclaim deeds are used when the granter has a mortgage. In this case, the granter remains liable for the mortgage even after ownership has transferred through the execution of a quitclaim deed. Quitclaim deeds transfer title but do not affect mortgages.
Quitclaim deeds are most often used to transfer property between family members. Examples include when an owner gets married and wants to add a spouse's name to the title or deed, or when the owners divorce and one spouse's name is removed from the title or deed.
A quitclaim deed is a legal instrument that transfers the granter's legal interest in a piece of real property to another person (the grantee). If a quitclaim deed is challenged in court, the issue is whether the property was legally transferred and if the granter had the legal right to transfer the property.
A quit claim deed transfers the legal ownership of the property from one party to another, and doesn't require attorneys or legal help, unless you choose to consult an attorney.
Quitclaim deeds are most often used to transfer property between family members. Examples include when an owner gets married and wants to add a spouse's name to the title or deed, or when the owners divorce and one spouse's name is removed from the title or deed.
Quitclaim deeds are not taxable when they transfer ownership to a spouse. Quitclaim deeds also are not taxed when they transfer property to qualifying charities. For income tax purposes, you cannot deduct the value of a gift from income tax unless the gift is to a charitable organization.
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