Deeds Lawyer

A quitclaim deed is commonly used to transfer whatever ownership interest a person has in a piece of real estate to another person. Unlike some other types of deeds, a quitclaim deed generally does not provide warranties regarding the quality of the grantor's title.

​

Quitclaim deeds can be useful in the right circumstances, but simply finding a form online and signing it may not accomplish what you intend.

​

South Carolina has specific requirements governing the execution and recording of deeds. For example, state law establishes requirements concerning acknowledgment or proof of execution before a deed can be recorded.

​

Working with a quitclaim deed lawyer can help you determine whether a quitclaim deed is appropriate for what you are trying to accomplish and make sure the document reflects your intentions.

​

When Might You Need a Quitclaim Deed?

There are many reasons someone may need to transfer an interest in real estate.

​

Common situations can include:

• Adding a spouse to a property deed after marriage

• Removing a former spouse following divorce

• Transferring property between family members

• Changing how property is titled between spouses

• Transferring an ownership interest as part of estate planning

• Correcting certain issues involving an existing deed

• Transferring an individual's interest in jointly owned property

​

The right type of deed depends on the circumstances. Before transferring real estate, it is important to understand exactly what the deed will and will not accomplish.

​

Adding Someone to a Property Deed

Homeowners sometimes want to add a spouse, child or another family member to the title of their property.

​

Adding someone to a deed is more significant than simply adding another name to a document. A deed can create or transfer a legal ownership interest in the property, so it is important to consider the consequences before completing the transfer.

​

A Greenville deed attorney can review your circumstances and help determine an appropriate way to accomplish the intended transfer.

​

Removing Someone From a Property Deed

Removing someone's name from a deed generally requires more than simply editing the existing document.

​

Instead, a new transfer may be necessary to change ownership.

​

This frequently comes up following divorce, when one spouse will retain the marital home and the other spouse needs to transfer his or her ownership interest. Brittany's existing deed page specifically identifies quitclaim deeds as something that may be used when one spouse relinquishes or sells an interest in the marital residence.

​

If your property transfer is connected to a divorce, it is particularly important that the deed be consistent with the terms of your divorce or settlement.

​

Deeds and Divorce in South Carolina

The marital home is often one of the most valuable assets addressed during divorce.

​

When one spouse keeps the home, the divorce agreement may require the other spouse to transfer his or her ownership interest. A properly prepared deed can be an important part of completing that process.

​

Keep in mind that ownership of property and responsibility for a mortgage are separate issues. Transferring an ownership interest through a deed does not, by itself, necessarily remove someone's obligations under a mortgage loan.

​

Our firm handles both family law and deed matters, which allows us to consider the property transfer in the context of the larger divorce.

​

Transferring Property to a Family Member

Parents, children and other relatives sometimes want to transfer real estate between family members.

​

There may be several ways to structure a transfer, and the appropriate option can depend on why the property is being transferred and what the owner hopes to accomplish.

​

Before signing a deed, consider how the transfer fits into your larger estate and financial plans.

An attorney can help you understand the legal effect of the proposed transfer and whether another estate-planning strategy may better accomplish your goals.

​

Deeds and Estate Planning

Deeds can play an important role in estate planning.

​

For example, when real estate is intended to be held by a living trust, the property generally must actually be transferred into the trust. Brittany's existing deed page correctly emphasizes that creating a trust without appropriately addressing title to the real estate can undermine the intended estate-planning strategy.

​

Depending on your goals, property ownership may also be structured in ways designed to address what happens to the property after an owner's death.

​

Because Brittany's practice includes estate planning as well as deed preparation, we can look at the transfer as part of your overall estate plan rather than treating the deed as an isolated document.

​

Greenville Living Trust & Will Lawyer.

​

What Type of Deed Do I Need?

Not every property transfer should be handled with a quitclaim deed.

​

Different deeds can provide different rights and protections, and the appropriate document depends on the nature of the transaction and the ownership interests involved.

​

Before preparing a deed, we can discuss:

• Who currently owns the property

• Who should own the property after the transfer

• Why the transfer is being made

• How the owners want to hold title

• Whether the transfer relates to divorce or estate planning

• Whether there are existing mortgages or other issues affecting the property

​

The goal is not simply to prepare a document. It is to prepare the appropriate deed for the transaction you are trying to complete.