Question: When my wife and I purchased our home in Mesa
five years ago, we received a warranty deed from the seller. Last
year we established a revocable living trust, and transferred
our Mesa home into the revocable living trust by a quit claim
deed. In a recent column, however, you stated that a quit claim
deed is technically not a deed of conveyance. If a quit claim
deed is technically not a deed of conveyance, is our Mesa home
in our revocable living trust?
Answer: In a warranty deed the grantor warrants that the
grantor has title to the real property. In a quit claim deed,
however, the grantor does not warrant that the grantor has title
to the real property, but simply states that the grantor transfers
to the grantee the grantor’s interest, if any, in the real property.
Although a warranty deed should be used in transferring real property
into a revocable living trust, the transfer by a quit claim deed
should be recognized by title companies.
