New Mexico Lawyers Serving New Mexico's Legal Needs Since 1997

Should you file a Quiet Title action or a Quitclaim deed?

If you are looking to remove someone else’s claim to a property, you’ll need to know the difference between the two.

In many different instances, you may need to remove a person’s name from ownership over property. These formal documents and legal actions can effectively and permanently remove someone else’s claim to a property.

Quitclaim Deed

These documents are appropriate to transfer the property in name to another person. It does not change a mortgage or other monetary arrangement. It is relatively quick and easy, and can be used in the following scenarios:

  • If you marry and wish to add your new spouse’s name to the property title
  • If you get divorced and wish to remove your ex-spouse’s name from the property title

Quiet Title Action

This formal lawsuit serves to remove a person’s name from a title but also to establish ownership with a clear title. It can be expensive and lengthy, due to the required timeline for giving the other person notice and experienced attorneys necessary to file paperwork. You must present an overwhelming burden of proof to win your claim in situations such as:

  • If a spouse or party cannot be found and the property must be sold
  • If the property was about to be sold the heirs and the buyer may need to go to court to determine ownership
  • If heirs fight over property with no clear final ownership
  • If the deed is fraudulent, forged
  • Surveying error
  • Boundary dispute

You may need both

If any question of ownership remains after filing a quitclaim deed, you may need to file a Quiet Title after a Quitclaim deed. This might happen if you want to be sure your ex-spouse’s heirs may not have grounds to inherit or own the property, or your estranged sibling does not have claim to your parents’ property.

Secure your property today to reflect your wishes for tomorrow.

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