How do I obtain a quick claim deed?

My sister and her husband have a house that I have been taking care of for the past 5 years. They have a quick claim deed. She and husband are divorcing. Last year, she wrote me a notarized bill of sale for the house. How do I have the quick claim deed transferred into my name? The house does NOT have a current abstract and NO, I don’t plan on getting one updated either. I plan on selling the house and splitting the monies with my sister.
I know it is called a QUIT CLAIM DEED for crying out loud! It is also COMMONLY known as a QUICK CLAIM DEED as well! Just for your information.

According to the county clerk, the bill of sale is legit because of the way the names are written on the quit claim deed. Either party is able to sell this house without the others signature.

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6 Responses to “How do I obtain a quick claim deed?”

paintmetalwood Says:
August 18th, 2009 at 3:53 pm
quit claim. not quick, it means the person that gave you the quit claim deed no longer has interest in the property. basically worthless. i can give you a quit claim deed to the house. where do you want me to send it? warranty deed with a title search is the only way to go.
vertically challenged Says:
August 19th, 2009 at 12:37 am
You make a slight mistake. You need a Quit Claim Deed.

see the link below.

good luck
pizza_pasta_lover Says:
August 19th, 2009 at 9:59 am
I would check with a “Title Company” if they are available in your state. They would draw a “Quit Claim Deed” and file it for you. If not check with a local Notary Public or a non Attorney legal service available in most States…
bostonianinmo Says:
August 20th, 2009 at 9:18 pm
If your sister and her husband hold the deed in joint tenancy, the bill of sale she gave you is worthless. She cannot quitclaim her interest to you unless the joint owner (her soon-to-be ex-husband) also signs the quitclaim deed to you.

You’re probably going to need to get an abstract in order to sell it, assuming that you get legal title to the property. No lender is going to give a mortgage without it, and only a true dimwit of a buyer would buy without it.
MLaw Says:
August 22nd, 2009 at 5:17 am
“They have a QC deed” is too vague. You don’t say who signed it or to whom it is made. The divorce may vitiate it. Your sister’s notarized bill of sale may qualify as a deed, but may be worthless without a proper QC deed or without her husband’s signature or may lack required warranty language. You’re going to have to get a lawyer to straighten this out sooner or later, so you might as well get one now.
newmexicorealestateforms Says:
August 24th, 2009 at 11:51 pm
First of all the assumption here is that they both got a Quit Claim deed when they acquired the interest in the house (both their names on it), not a bill of sale. A Quit Claim deed and a Bill of sale are two different types of conveyance instruments.
A Quit Claim deed grants all the interest that the grantor has or had IF ANY in the real property. If the grantor did not have any interest in the property the Quit Claim deed conveys nothing. At best you could claim color of title.
On the other hand a bill of sale grants all the rights in the personal property that is located on the property if so identified, let’s say the washing machine, the microwave, the dog etc. Now then if the couple making the bill of sale conveyance come from a community property state you are only receiving 50% of the interest in the personal property and 0% of the real estate interest if any. The government entity that you referred to merely acknowledges that the bill of sale was properly executed but I hope they didn’t tell you that it conveyed any kind of real estate interest to you. I therefore suggest as the last answerer suggested that you get an attorney, unless you feel comfortable in going to court by yourself as a part of their divorce.