Can I file a quitclaim deed on my own?

Asked on July 16, 2015 under Real Estate Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There appears to be no requirement that a quitclaim deed be prepared by an attorney but you always run the risk that the person who signed over their rights will try to have the deed set aside in some way and not having an attorney involved to explain their rights may be cause for alarm.

As long as the deed is properly filled out it is valid no matter who prepares it. However, it should be recorded to most effectively protect the new owner's interests. Additionally, other deed forms (e.g. warranty deed), gives the most protection to the new owner.

Deeds are filed in the county clerk's office in the county in which the property is locate; there is a small a fee for doing so. You can check in your county clerk's office forfurther information.

That having been said, having an attorney draft the deed might be preferable to your doing it. Then you know that it will be accurately drafted and properly filed.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.