Georgia Quit Claim Deed Form

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A Georgia quit claim deed serves as a method of transferring real property among two parties. Technically speaking, the owner releases any claim they have in the property to the recipient (grantee) written in the deed. The deed type is rather informal when compared to warranty deeds, as there are no contractual promises made to the grantee that the title is clear (or that the grantor even has any ownership in the property). To circumvent this risk, the grantee can have a title search conducted before or after the deed is signed and recorded.

A major benefit of the quit claim deed is that it can be used quickly and without the need of a third party (such as an attorney) to draft it. Common uses of the deed are 1) transferring property to children, 2) fixing an issue with the current deed, or 3) removing a former spouse from a property’s title following a divorce. Once the form has been filled out, the grantor will need to wait to sign until they are alongside a notary public AND two witnesses, who will view the grantor physically sign the document for verification. Once signed, the grantor can then bring the deed to their local county clerk for formal recording.



Laws

  • Statute: § 48-4-44
  • Signing Requirements (§ 44-2-14): The deed must be signed by the grantor(s). Their signature(s) must be recorded in front of a Notary Public (who must also sign) as well as two (2) witnesses. If the Notary Public agrees, they can act as one of the witnesses.
  • Recording: After completing and signing the deed as required above, it must be brought to the Clerk of the Superior Court for recording. The clerk used must be located in the same jurisdiction of the property.