John’s real estate attorney will likely file a formal lawsuit against Mary, asking the judge to remove Mary’s ownership interest from the property. Plan B: Quiet Title Actionīut what happens if Mary disappears after the divorce, so John cannot get her to sign a quitclaim deed? Now, John must call up his real estate lawyer and hire her to pursue a quiet title action to REMOVE Mary’s ownership interest from the house. Mary no longer has any ownership interest in the property because she has CONVEYED her interest to John. John’s lawyer records the signed deed with the county land records. Mary signs the deed in front of a notary and sends it back to John. John’s real estate lawyer will draft a quitclaim deed, which John sends to Mary. Let’s see how these two methods might apply in this situation: Plan A: Quit Claim DeedĪ quitclaim deed is quick and easy, and a great way to get the job done. John needs to take further action to remove Mary’s ownership. The judge may have said that John gets the house, but that doesn’t actually remove Mary’s ownership interest in this property. Here is a common situation to illustrate the differences between quit claim deeds and quiet title actions: Example: After a divorce. May also be called: action to quiet title, title confirmation, petition to confirm title, and petition to quiet title.Įvery situation is different, so you will need to consult with your real estate attorney about the best option for you. It costs more money and takes longer than a quit claim deed.

May also be called: quitclaims, quit claim deeds, quickclaims, and quick claim deeds.Ī quiet title action is a way to REMOVE somebody else’s interest from your property. It’s quick, easy, fairly inexpensive, and very convenient when it is the right tool to use. Quit Claim DeedĪ quit claim deed is a way to GIVE your interest to somebody else (or for someone else to GIVE his or her interest to you). So let’s look at what these terms mean and how they are different from each other. Many people use these terms interchangeably, but they are NOT the same. We get a lot of calls about quit claim deeds and quiet title actions. Quit Claim Deed vs Quiet Title Action Is there a difference? And, does it matter?

Quiet title