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Quitclaim Deed to be used to convey property ownership as community property

A Quitclaim deed allows for the transfer of a share of interest in property. What makes a quitclaim deed unique is that the grantor does not guarantee or warrant anything when transferring his or her share. The grantor may in fact not have title or interest in the property. Some common uses for quitclaim deeds are to transfer title between family members, in a divorce when one spouse will "quitclaim" his or her interest in the family home to the other spouse for example, or to transfer real property into a trust or to a corporation.

In states that recognize community property, married spouses, and in some states, domestic partners, who acquire property during the marriage or partnership do so as community property. This means that the property is an asset of the community, and that it is owned jointly by the spouses or partners. There are no survivorship rights with regards to community property, upon death of one spouse or partner 1/2 of the community property passes to the living spouse or partner and the other 1/2 passes by will or intestate. Different states treat community property differently and therefore the laws of your particular state should be consulted.

This type of Deed is most often used by a couple after marriage to transfer title from one spouse to both spouses.

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