PLEASE NOTE: To protect your safety in response to the threats of Covid-19, we are offering our clients phone interview or video conferencing. Please call our office to discuss your options.
Giddens & Gatton Law, PC
Call Today for a FREE, 1 hr Bankruptcy Consultation505-273-3720
Make Payment

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.

No Comments

Leave a comment
Comment Information
  • Best Lawyers | Best Law Firms | U.S.News | 2018
  • 2019 | Family Friendly Business
  • 2019 | Family Friendly Business 2020
  • BBB | Accredited Business | BBB Rating: A+
  • Martindale-Hubbell | Peer Rated | For Ethical Standards and Legal Ability | 2019
  • Martindale-Hubbell | AV Preeminent | Peer Rated for Highest Level of Professional Excellence| 2019
  • Rated By Super Lawyers | George Giddens, Jr. |
  • Rated By Super Lawyers | Christopher M. Gatton |
  • Avvo Rating | 8.9 Excellent | Featured Attorney Bankruptcy
  • expertise
  • Proud Member
  •  Best Law Firms Standard Badge
Review Us

Office Location:
10400 Academy Road NE
Suite 350
Albuquerque, NM 87111

Phone: 505-273-3720
Fax: 505-271-4848
Map & Directions

Phone Numbers: