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    • Areas of Practice
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      • Real Estate & Closings
      • Realtor-Real Estate Agent
    • About Lohse Law
    • FAQs
      • FAQs for Property Buyers
      • FAQs for Property Sellers
      • General FAQs
    • Reviews and more
      • Reviews & Testimonials
      • News / Blog
      • Resources & Links
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    • Contact
Lohse Law - Illinois Real Estate Closing Attorney
  • Home
  • Areas of Practice
    • Business & Corporate
    • Entertainment Law
    • Quitclaim Deeds
    • Real Estate & Closings
    • Realtor-Real Estate Agent
  • About Lohse Law
  • FAQs
    • FAQs for Property Buyers
    • FAQs for Property Sellers
    • General FAQs
  • Reviews and more
    • Reviews & Testimonials
    • News / Blog
    • Resources & Links
  • Legal Fees
  • Contact

Illinois Quitclaim Deeds (aka Quit Claim Deed)

Illinois Quit Claim Deeds (aka Quitclaim Deed and Quick Claim Deed)

What is a Quit Claim Deed

An Illinois Quitclaim Deed conveys whatever ownership the Grantor has in the property to the Grantee without any warranties.  Quitclaim Deeds are are commonly used when conveying real estate as a gift, when property is placed in a living or land trust, adding a spouse (or other family member) to the title, or to distribute the property as part of a divorce settlement.  

Legal significance of a Quitclaim Deed

An Illinois Quitclaim Deed (Quit Claim Deed) is not a one-size-fits-all document for everyone and needs to be carefully drafted for each transfer.  There can be huge legal ramifications if the deed is drafted improperly or parts left omitted.  If you find a "generic" quitclaim deed online (or at the office store), it may not include some of the information required by statute or information the County Recorder requires when recording the deed.  For some people, an Illinois Transfer on Death Instrument ("TODI") may be a better option than a quitclaim deed.  Click here for more info about TODI's.

Quitclaim Deed Services offered by Lohse Law

Lohse Law offers two Quitclaim Deed services for much of the Chicagoland area.  

  1. For as little as $150, Lohse Law will prepare a new Illinois quitclaim deed for you. 
  2. If you require assistance with getting the new quitclaim deed recorded, Lohse Law offers this service in many Chicagoland areas.  Please inquire about price for this "full service" option because every city / municipality has different requirements and fees.

For More Information and Fees

Total costs and requirements for quitclaim deeds vary between municipalities. If you would like more information about quitclaim deeds and an approximate cost, please click the "Contact Us" link above.  In your message, please include the city and county in which the property is located. 

Ready for Lohse Law to prepare your new deed? Click here!

Reasons for a Quitclaim Deed

Refinancing

Transferring to a Trust

Adding a Spouse

Lenders often require that the names on title be changed for refinancing. Reasons range from credit issues to removing an LLC's name.

Adding a Spouse

Transferring to a Trust

Adding a Spouse

If you were single when the property was purchased, adding a spouse may provide extra protections if titled as Tenants by the Entirety.

Transferring to a Trust

Transferring to a Trust

Transferring to a Trust

An estate planning attorney may have advised that there are advantages to having the property titled in a land or living trust.

Divorce or Break-up

Correcting Title Issues

Transferring to a Trust

For divorced property owners, there may be a court order (or MSA) requiring that the property be quitclaimed to the other person.

Transferring to an LLC

Correcting Title Issues

Correcting Title Issues

For businesses, you may gain some legal protections if the title of a property is transferred into an LLC or corporation.

Correcting Title Issues

Correcting Title Issues

Correcting Title Issues

Is there an error on title or confusion with someone else claiming ownership rights? A QCD can clean up and clarify ownership.

Ready for Lohse Law to prepare your new deed? Click here!

5 Steps to Prepare and Record an Illinois Quitclaim Deed

1. Prepare the Quitclaim Deed

There are multiple types of tenancies.  The tenancy type effects ownership rights differently.  Certain tenancies will enable you to avoid probate and possibly some creditors.  Some will transfer your "ownership" automatically to others on title, others will not.  Tenancy types for individuals include the following:

  • Sole Tenancy
  • Tenants In Common
  • Joint Tenants with the Right of Survivorship
  • Tenants By The Entirety

2. Prepare the Grantor / Grantee Statement

A Grantor & Grantee Statement is required in some Illinois counties (namely Cook County). It attests that the grantee on the quit claim deed is either a natural person, an Illinois corporation, foreign corporation, or other entity authorized to do business or acquire and hold title to real estate in Illinois.

3. Acquire Local Municipal Transfer Stamps

Many local municipalities, villages or cities require a "transfer stamp."  If no money is being transferred, this would be called an "Exempt Transfer Stamp."  To get the transfer stamp, some municipalities may require you to have an occupancy inspection, sewer inspection, zoning certificate, or a full payment water certificate (even for condos where associations pay the water).  

4. Prepare the County & State Transfer Declaration

Some counties in Illinois require you to prepare a property tax transfer declaration.  This was previously known as the P-Tax form.  As of 2019, the "MyDec" declaration must be completed online and submitted through MyTax Illinois (Illinois Dept. of Revenue) for all quitclaim deeds recorded in Cook County.

5. Recording the Quitclaim Deed with the County

Once you have completed the above steps, you can record the Illinois Quitclaim Deed with the County Recorder.  The Recorder will not accept or record the deed if all of the steps for your municipality haven't been properly completed.  All counties in Illinois now have flat / fixed pricing to record the deed.  Amounts vary from $54 to $98 depending on the county.

Ready for Lohse Law to prepare your new deed? Click here!

Lohse Law's Video about Illinois Quitclaim Deeds

Check out this great video for Illinois Quitclaim Deeds.  It has several thousand views!

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