Yes No. Log in Social login does not work in incognito and private browsers. Please log in with your username or email to continue. No account yet? Create an account. Edit this Article. We use cookies to make wikiHow great. By using our site, you agree to our cookie policy. Cookie Settings. Learn why people trust wikiHow. Download Article Explore this Article parts. Related Articles. Article Summary. Part 1. Find the legal description of the property.
The easiest way to get the correct legal description for the property you want to transfer is to go to the county recorder's office in the county where the property is located and get the existing deed for the property.
You'll need a copy of the existing deed on the property, and you'll want to copy the property description exactly as it appears on that document in your quitclaim deed form. Keep in mind that if you don't include a legal description, the deed could be challenged by someone else with an interest in the property, which could result in a judge rejecting the transfer. Check the tax status of the property. Transferring property doesn't necessarily transfer the tax obligation, and in most states the property taxes must be up to date if you want to transfer any interest in the property.
If that is the case, tax statements typically will continue to be sent to the person to whom they've been sent in the past. However, if you paid the property taxes on the property, you'll have to make sure the taxes are paid in full up to the date of the transfer, and that the tax liability is transferred appropriately.
If you're unsure about the tax status of the property, you can check the county recorder or tax assessor's records for the property, or look on the most recent property tax statement. Any questions regarding the transfer of property taxes and future tax liability should be directed to an accountant or tax professional.
Decide when you want the transfer to take place. While typically if you're filling out a quitclaim deed you want the transfer to take place immediately upon execution of the document, you also can date it so that the transfer doesn't occur until a later date, or even at the occurrence of a specified event.
However, check your state's property laws or talk to an attorney before you do this. In some states, you need to use a transfer on death deed rather than a quitclaim deed. The documents you use also may depend on whether the property is addressed in your estate planning documents.
In situations where you intend to make the transfer conditional on a certain event happening, or set the transfer to occur on a future date, you may want to consult a property law attorney to make sure you're filling out the form correctly to achieve your intended result. Confirm you're using the right kind of deed. Quitclaim deeds are most frequently used between family members or co-owners of property who are already familiar with the property itself as well as with each other.
You may have no interest at all, and that may match the intent of the transfer. For example, if there's some question as to whether you might have a claim to the property as a result of some confusion in the current owner's estate documents, but you don't want the property, you might use a quitclaim deed to negate any possible claim the probate judge decides you have in the property.
On the other hand, if the person to whom you're transferring the property is under the impression that you have a particular ownership interest in the property, a quitclaim deed may not be the right vehicle of transfer.
In that situation, the other party may want a little more of a guarantee that they're getting exactly what they think they are. A quitclaim deed also may not be the appropriate document if you are actually selling the property and a significant amount of money will be changing hands.
Part 2. Search for forms or templates. Most states have fillable forms available online in PDF format that you can download. Check the website of the state court system or of the county recorder. You also can find forms from legal document websites and services. While you can easily find forms online, you still need to make sure the form you're using is approved in your state. For this reason, the easiest thing to do is find a form with the county recorder.
The form is available free of charge and you automatically know you can use it to achieve the transfer you want. Enter information about the property.
Examples : If a parent owns a home that is not subject to any debt, and the parent freely transfers the home to the child, the gift is not subject to Maryland recordation tax.
However, the result may be different if the parent wishes to transfer a home that is subject to a debt, like a mortgage. The counties of Maryland, and some cities, have different specific taxes and procedures. You can verify the procedure in your county by contacting the county Office of Finance or the Division of Land Records at the Circuit Court. Pay any necessary transfer and recordation taxes. If it is determined that you are exempt from any of these taxes, your deed will be stamped accordingly.
Recording the deed : Once all necessary taxes and fees have been paid, take the original deed, a copy of the deed, and the completed and signed Land Instrument Intake Sheet to the Division of Land Records at the Circuit Court. You must pay the recording fee. It is important to take a copy of the deed as well as the original so the Court can submit the copy to the State Department of Assessment and Taxation.
When the Land Records clerk is satisfied that the correct documents have been submitted, the clerk will accept the documents for filing. After your documents are recorded, the original deed will be mailed to you, which often takes weeks. The deed is mailed to you free of charge, and any mailings you receive after the deed has been recorded asking you to pay for a copy of your deed is likely a scam.
The transfer of ownership becomes effective when the deed is recorded. Note : Neither the Land Records clerk nor any government official in this process will be able to advise you as to whether a new deed is written in a way that accurately accomplishes what you want. They will NOT be able to determine whether you have the full legal authority to give away the property. That is why it is important, if possible, to consult with an attorney, and to have an attorney give you advice and prepare your deed.
This site offers legal information, not legal advice. We make every effort to ensure the accuracy of the information and to clearly explain your options. However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney. In the absence of file-specific attribution or copyright, the Maryland Thurgood Marshall State Law Library may hold the copyright to parts of this website.
Maryland Quit Claim Deed Form. Email Delivery. Word Download. How to File Once completed, the deed must be submitted with the Clerk of the Circuit Court in the jurisdiction the property is situated.
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