A quit claim deed is a legal document used to transfer whatever ownership interest a person has in a property — without making any guarantees about the title’s status. It’s one of the simplest ways to transfer real estate between family members, divorcing spouses, or into a trust.
Unlike a warranty deed, a quit claim deed offers no protection against liens, claims, or other ownership disputes. The person giving up the property (the “grantor”) is essentially saying, “If I own it, it’s yours — but I’m not promising I do.”
For Lake Marion property owners, quit claim deeds can be a fast, affordable way to handle inheritance, estate planning, or ownership changes. But they must be used carefully — and only when both parties trust each other.
When Is a Quit Claim Deed Used in South Carolina?
Quit claim deeds are commonly used in non-sale situations where the transfer is between parties who already know each other or aren’t exchanging money. Here are some typical examples:
- Transferring property between family members
- Example: Parents add a child to the deed of their Lake Marion home
- Removing a spouse after divorce
- One spouse gives up ownership interest in the marital home
- Estate planning
- Moving a property into a trust for future inheritance
- Correcting title issues
- Fixing spelling errors, updating names, or resolving ownership confusion
- Adding or removing a co-owner
- Example: Two friends jointly own a vacation house and one exits
It’s important to know that quit claim deeds only transfer whatever ownership the grantor has — they don’t fix problems with liens or title defects.
Risks and Limitations of a Quit Claim Deed
While fast and inexpensive, quit claim deeds come with serious limitations:
- No title guarantee — the grantee could receive nothing if the grantor doesn’t actually own the property
- Won’t remove liens — any debt attached to the property stays in place
- No legal protections if ownership is disputed
- Often rejected in traditional sales or mortgage situations
Example: A property is quitclaimed from an uncle to his niece. Later, it’s discovered that another relative had a legal claim. Because no warranty was made, the niece had limited options to recover the property.
Tip: Always have a title search done before accepting property by quit claim deed — even from family.
How to File a Quit Claim Deed in South Carolina
Using a quit claim deed in South Carolina involves several steps:
- Obtain the correct form — you can find South Carolina quit claim deed templates online or through an attorney
- Fill in the required information:
- Full legal names of grantor and grantee
- Legal description of the property
- Date and signature of the grantor (notarized)
- Sign in front of a notary public
- File the deed at the local county Register of Deeds office (in the county where the property is located)
- Pay the recording fee (varies by county)
Carolina Properties at Lake Marion can refer clients to trusted attorneys to make sure the process is done right and avoid mistakes that could delay or invalidate the transfer.
Should You Use a Quit Claim Deed? Ask a Pro First
Quit claim deeds can be helpful tools — but they’re not for everyone. Use them only when:
- The transfer is between trusted parties
- There’s no exchange of money or sale
- You understand that no guarantees about ownership or liens are included
Better alternatives for some situations include:
- General warranty deeds (full title protection)
- Special warranty deeds (limited title protection)
Our team at Carolina Properties can help you understand when a quit claim deed makes sense — and when a more secure option is smarter.
FAQ: Quit Claim Deeds in Real Estate
Q: Can a quit claim deed transfer full ownership?
Yes — if the grantor fully owns the property. But it provides no guarantee of ownership.
Q: Do quit claim deeds clear up liens or debts?
No. Any liens remain attached to the property even after the deed is filed.
Q: Can I use a quit claim deed to sell a home?
Technically yes, but it’s not recommended. Buyers usually want title protection via a warranty deed.
Q: Is a quit claim deed legally binding in South Carolina?
Yes, when properly completed, signed, notarized, and filed with the county.
Q: Can I undo a quit claim deed?
Only if both parties agree or a court determines it was done under fraud or coercion.
Need Help With a Property Transfer? Carolina Properties Has Your Back
Real estate paperwork might seem simple — until it isn’t. Don’t take chances with your ownership rights.
The team at Carolina Properties at Lake Marion will:
- Help you understand whether a quit claim deed is appropriate
- Connect you with trusted attorneys to prepare or review your documents
- Guide you through every step of the filing process
- Ensure your property transfer is clear, legal, and recorded properly
Call Carolina Properties Today to protect your Lake Marion real estate transfer.