Arizona Quitclaim Deed

Our ARIZONA QUITCLAIM DEED may be used to legally transfer Arizona real property rights to another person or legal entity. A definition of a “legal entity” may be a corporation, partnership, an association or trust, just to name a few. A quitclaim deed may also be used to add, delete or change a name on the title. A valid reason for a name change could be that your name was misspelled or a middle initial was wrong. A common usage requiring a name change on the title would be because of a divorce or marriage. However, the ARIZONA QUITCLAIM DEED should only be used in these circumstances if the name has been legally changed.

 

Most quitclaim deeds are divided up into 3 parts. Usually at the top of the forms are two sections, one side for the recorder’s use and the other for the return address. The middle of the form contains the legal jargon including the description of the property, name of parties involved and dates. The bottom part of the form is used by the notary to acknowledge that he/she witnessed the signing of the instrument.

 

Within the middle part of the form there may appear two legal words that sometimes confuse people. These two words are “grantor” and “grantee.” The “grantor” is the one giving his/her ownership in the property to the “grantee.” The “grantee” is the one receiving the ownership. I use a little trick to remember which is which. I think of “givor”(I spell it wrong on purpose) being the) (oth “or”) person giving or selling to “me” which rhymes with “grantee.”

 
ARIZONA QUITCLAIM DEED means exactly what it implies. This instrument can only be used in the state of Arizona. While most quitclaim deeds are basically the same, each state has its own set of laws and procedures.

 

After executing the quitclaim deed you should record the document in the county where the property is located. Each county has its own recording office where you must place all documents to be recorded. In addition, there may be specific requirements set down by each individual county recorders office. Recorded documents are available to the public and most modern county recorders make access to this information via the Internet. Yes, you can find out a lot of information about your neighbors property. I know! So much for privacy.

 

Well, now that we know how an ARIZONA QUITCLAIM DEED is used, let’s explore some possible reasons why we would want to use it.

 

Let’s say that you and your significant other decide to buy a condo in Phoenix Arizona. A few years go by and now there are a couple of children added to the mix. You both decide that a living trust should be created to provide for the children in the event of your demise. Your attorney suggests that the title of your condo should be in the name of the living trust. So now you have an important reason to change the name on the title from your personal names to the name of your living trust.

 

One of the most common uses of an ARIZONA QUITCLAIM DEED is during a divorce. This can be a simple process if you live in a perfect world. What a scenario, both spouses agree as to who keeps the property and the property is free and clear with no lender involved.  Does that describe your situation? Probable not, but, if it does my hat goes off to you.

 

You probably fall into one of the following situations, your name and your spouses name appear on the title of the property, but, only one of you is named on the mortgage. The second situation is described as having both names appear on the title and both names appear on the mortgage. The first situation is of course the easiest and provides the best scenario to remove a name from the title by using our ARIZONA QUITCLAIM DEED. The second situation does complicate things because now you have to involve the lender. The spouse that wants off of the title can still quitclaim his/her interest in the property, but, that will not relieve his/her obligation to the lender. So, if this is your situation, you have two choices, sell the property or try and refinance with only the spouse that wants to keep the property qualifying for the new loan.

 

There are many other reasons to use an ARIZONA QUITCLAIM DEED and you know your own circumstances best. We know how to provide the most current form for your needs and how to make sure that you stay out of trouble. With that in mind, we have one piece of advice. Relax; this will be a piece of cake. We have enough information on this site to guide you through every inch of the way. We will help you with the entire process, from obtaining the blank ARIZONA QUITCLAIM DEED, filling it out so it will be legal and finally providing all the necessary information to record the document.

17 Responses to “Arizona Quitclaim Deed”

  1. Justin says:

    I own land with my mother and I am having creditor problems due to job loss. I am wondering if I sign my interested to the property by a quitclaim Deed over to my mother, will it stop my creditors from being able to place a lien on the property?

  2. joy says:

    I have a few questions: If a Quit Claim deed is not filed, is it valid? Since it is not yet filed, can I sell or transfer the property to someone else before it is filed? If it has been filed, can a quit claim deed be reversed? Lastly, if the QC Deed states ‘for the consideration of $10 and other valuable consideration’ – and I have received NO consideration, do I have recourse to take the property back? Thank you for your help!

  3. Richard Root says:

    I bought a house before getting married; was married for about 6 years, and now am divorced. My ex has agreed to sign her rights of ownership over to me via quit claim. Is this something I can do myself or do I need to get an attorney to draft. I appreciate any assistance offered.

  4. zongyi yuan says:

    Hi there,

    I bought two properties and all proper steps were completed more than a year ago. But the owner names are still not updated, showing the previous mortgage company name. I checked the deed online and they are all correct.

    My question is how to change it?

  5. Scott Haden says:

    My mother just passed on 9/6/13 and had a will that left her home to me. We live in Maricopa County. My sister has power of attorney and its notarized and legal. My question is I just found out that I need to have a warranty Deed signed so that I wouldn’t go to probate court. Can I get my sister to sign this document since she does have power of Attorney? I’m so confused I thought a will would be all I needed… Thank you for the help.

    • admin says:

      Hi Scott, It seems that you have a legal question here. I would suggest that you look in the right column of any of our pages and scroll down to where it says “Ask a Lawyer Online.” I’m sure you will obtain the correct answer to your question.

  6. tony macaluso says:

    I would like to transfer title to my significant other so that in the event of my death they would already hold title but as long as I am living would like to control property with respect to sale or development can I do this with a power of attorney

  7. Ken Katz says:

    My brother-in-law and myself own a property that our father-in-law lives in and rents from us. We added him to the title a few years ago using a quick claim deed and registered it with the county.

    Can we rescind the 1 per cent fractional ownership that we gave to him and his now deceased wife or do we have to file a new quick claim deed?

    Will this also take his deceased wife off of the title?

  8. E. Martinez says:

    My sister owns a property and has the mortgage under her name. I am actually the one that pays the mortgage etc. Until I can purchase the property, can she quitclaim it to me?

    • Matthew says:

      The question is not whether she can quitclaim it to you, but whether she should do so. The holder of the mortgage would count the transfer as an act of default, but if you talk to the mortgage company first, and show them that it has been you that has actually been paying them the whole time, they may add you to the mortgage and allow the transfer. They will not likely remove your sister from the mortgage however.

  9. Matthew Ellingson says:

    If you have any questions regarding title and ownership issues, I am an Arizona attorney and I provide free consultations on matters like this. Feel free to call me at 602-570-2500.

  10. Derek says:

    Quick question:
    If there are 5 people that own fractional ownership in a single family house and one of the owners defaults or breaks the rules outlined in the rules are we the management company able to file a quitclaim in order to transfer their ownership back to us?

    • admin says:

      You should probably seek the expertise of an attorney for such a legal question. However, as a general rule, each owner is the only one that can quitclaim their interest in a piece of property.

  11. Debbie Orton says:

    I would like to obtain a blank Arizona Quitclaim Deed for property owned by my father in Phoenix AZ (Maricopa County) Can you please advise how to obtain the blank form? My father is going to transfer the property deed to me. I look forward to hearing back from you. Thanks
    Sincerely

    Deborah Orton

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