Example of a quit claim deed completed6/12/2023 ![]() How to file a quitclaim deed in Illinoisįor a property deed transfer by quitclaim in Illinois, you must use the form that's used in the county where the property is located. If you're the trustee, you'd be well advised to speak with an attorney or engage an online service provider to assist you, as the Trustee's Deed is not as easy to prepare as a quitclaim deed. The Trustee's Deed removes the real property from the trust. The trustee uses a Trustee's Deed to transfer property to a particular person or to more than one person. The proper form in this case is a Trustee's Deed. While individuals can use quitclaim deeds, a trustee attempting to transfer real property out of a trust to an individual cannot use a quitclaim deed in Illinois. An Illinois deed transferring property out of a trust It's advisable to consult an attorney before you waive or otherwise lose your homestead rights. ![]() In Illinois, homestead rights mean that spouses who use the property as their primary residence cannot be removed from the deed unless there's a court order or if the spouse waives their homestead rights. One issue with using a quitclaim deed in a divorce case is that Illinois has homestead rights. If you don't trust your ex, having an attorney review the title for you is a good idea to check for title defects you wouldn't know about. ![]() If you know about them already, then there are no surprises. Defects can include liens, easements, and other encumbrances. You should review your prior deeds or have an attorney review them for you to help ensure there are no defects in the title. If you're the spouse receiving the property, once you remove your ex's name and the property is transferred to you by quitclaim deed, you own all of it. Using a quitclaim deed is a quick way to transfer the property. ![]() In Illinois, divorce courts suggest using quitclaim deeds because both you and your ex usually know the property's history. While granting a quitclaim deed to your ex in a divorce won't remove you from the mortgage, you can settle that issue in court, or a judge can decide who's responsible for the mortgage. Using a quitclaim deed makes a title search unnecessary. Quitclaim deeds are often used in divorces when one spouse is giving up their share of the house to the other spouse. Quitclaim deed in Illinois as a result of divorce This is why quitclaim deeds are usually used between people who know and trust each other. And you can't sue the grantor because they're not giving any guarantees. If they don't really own the property, then you'll receive nothing. With a quitclaim deed, when you're getting the property, you're only getting what the grantor actually owns. However, there are other requirements that accompany filing the quitclaim deed, such as the Illinois Real Estate Transfer Declaration (described below), of which you'll need to be aware.Ī quitclaim deed requires trust on the part of the person receiving the deed, because the person transferring it, also known as the grantor, isn't guaranteeing they actually own the property. It's relatively easy to prepare, although you may prefer to have an online service provider handle it for you instead.Ī quitclaim deed in Illinois is easier to prepare than other deeds because the form itself is pretty simple to complete, and it doesn't require the expensive and time-consuming title search that other types of deeds usually do. A quitclaim deed in Illinois is often used to transfer property between close family members or trusted friends. If you want to transfer real estate in Illinois to a relative or a friend, you might consider doing this yourself by using a quitclaim deed.
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