i would like to know if i can quick claim the deed to my home to my brother and if he can wait one year to fILe it. in IL.

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i would like to know if i can quick claim the deed to my home to my brother and if he can wait one year to fILe it. in IL.

Asked on June 20, 2009 under Real Estate Law, Illinois

Answers:

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

Answered 12 years ago | Contributor

Assuming that you and anyone else on the title executes the document appropriately and follows the formalities of delivery of the deed, then yes this can be done.  A deed does not need to be recorded or even acknowledged to be valid.  It is the Grantor's intent that governs the validity of a quit claim deed meaning that the grantor has delivered the quit claim deed with the intent of transferring title, and the grantee has accepted it. Constructive delivery acknowledged by both parties must be evident and the deed must be delivered while the grantor is alive or it bears no legal effect.

A quitclaim deed is typically used to clear up a cloud on title such as a technical flaw in an earlier deed such as a misspelling or an error in the property description.  It offers no warranties of any sort.  A quitclaim deed is also used when the grantor is not sure of the validity of his or her title and wants to avoid giving any warranties.

While no deed needs to be recorded it is wise to record any deed as it puts the public and anyone with an interest in the property on notice that someone has a claim on title.

I'm assuming that there is no mortgage here.  The mortgage would remain a lien against the property, but the transfer of title will most probably constitute an event of default and could cause payment of the mortgage balance to be accelerated.


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