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I know the answer but I want to confirm the answer. If a person

Resolved Question:

I know the answer but I want to confirm the answer.
If a person quit claims a residential property to another person, the person records the quit claim with the county recorders office then that house now belongs to the person that was quit claimed the house too.?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  P. Simmons replied 1 year ago.

Thanks for the chance to help. I am an Arizona attorney with over 12 years experience. Hopefully I can help you with your legal question.

That is almost correct. There are a few caveats

1. Recording is not required to legally transfer title...recording simply "records" to transfer (and can be important if there is a question about the legality of the transfer)...but recording is not legally required. SO the act of transferring with a properly executed quit claim deed will transfer ownership. Again, recording simply "records" the transfer

2. A quit claim deed can only transfer what the grantor (person who executes the deed) has. So, for example, if I am the sole owner of a piece of real property and I transfer that property to you, via quit claim deed, you then become the sole owner.

On the other hand, if I am a part owner, then the transfer gives you my ownership (the partial ownership)

3. Finally, any transfer is subject to lien...so, for example, if there is a mortgage on the property, the property remains subject to that lien

P. Simmons, Lawyer
Category: Real Estate Law
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Experience: 12+ yrs. of experience including real estate law.
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P. Simmons
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