One issue with using a quitclaim deed in a divorce case is that Illinois has homestead rights. In Illinois, homestead rights mean that spouses who use the property as their primary residence cannot be removed from the deed unless there's a court order or if the spouse waives their homestead rights. It's advisable to consult an attorney before you waive or otherwise lose your homestead rights.
While individuals can use quitclaim deeds, a trustee attempting to transfer real property out of a trust to an individual cannot use a quitclaim deed in Illinois. The proper form in this case is a Trustee's Deed. The trustee uses a Trustee's Deed to transfer property to a particular person or to more than one person.
The Trustee's Deed removes the real property from the trust.
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If you're the trustee, you'd be well advised to speak with an attorney or engage an online service provider to assist you, as the Trustee's Deed is not as easy to prepare as a quitclaim deed. For a property deed transfer by quitclaim in Illinois, you must use the form that's used in the county where the property is located. If the property is located in a county other than the one in which you live, call the County Recorder of Deeds in the other county to determine the proper quitclaim deed form to use.
You must fill out a quitclaim deed correctly; otherwise, nobody can transfer the property. If you feel you would benefit from using an online service provider, you can have an attorney review the deed online, prepare it, and even file it for you.
If you're preparing the quitclaim deed yourself, make sure to enter the property description just as it appears on an older deed of the property. If you can't find an old deed, check with the County Recorder of Deeds in the county where the property is located.
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They can tell you where to get a copy of an earlier deed. Make sure to fill in your name and address, and the name and address of the other party involved in the transfer. Don't date or sign the deed, as you'll need to do that in a notary's presence. Write your name and address under the words, "Return Recorded Document To. If you aren't sure what that is, ask the County Recorder. Before you file the deed, get a tax stamp from the local municipality where the property is located.
When you're ready to file the deed, bring it to the County Recorder of Deeds, where they will stamp and file the deed. You'll have to pay a fee for recording, or filing, the deed.
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Make sure to check with the County Recorder of Deeds ahead of time so you'll know how much you have to pay and what types of payment they accept. Be sure to get copies for everyone named in the deed, including yourself. Many people who use quitclaim deeds in Illinois don't have to pay transfer taxes because the property is usually a gift to a close family member or friend.
Forms & Fee Schedules
As a result, there is usually no purchase price other than one dollar. Usually a transfer between spouses is exempt from taxes. This isn't necessarily the case when the transfer is to the grantor's children. There could be gift taxes imposed, as well as capital gains taxes if the children want to sell the property. Additionally, the grantor has to pay a gift tax and file a United States Gift and Generation-Skipping Transfer Tax Return Form if the grantee hasn't purchased the property. Certain towns, cities, and counties may require additional taxes, so check with the County Recorder of Deeds to see if you need more forms.
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