An Alaska quitclaim deed is used to transfer property interests between a grantor and a grantee. The document provides no ownership guarantee. Both parties should carefully consider the laws and requirements to ensure they are properly protected during property transfer.
Laws & Requirements
Statute: Per AS 34.15.040, Alaska does not have mandatory language for quitclaim deeds, but the recommended model language includes grantor and grantee names, addresses, consideration, valid legal description of the property, and date of execution.
Signing Requirements: AS 34.15.150 establishes that the grantor’s original signature must be notarized. Facsimiles or photocopies are not permitted. If the property is a homestead property owned by a married couple, both spouses must sign the deed. State law does not require witnesses for signatures on a quitclaim deed.
Recording Requirements: Places of Record: All deeds are handled centrally at one of 34 recording districts overseen by the State Recorder’s Office of the Alaska Department of Natural Resources. The deed should be recorded in the Recorder’s District where the property is located. Make note of the document formatting requirements (additional fees will be charged if these are not met).
Transfer Tax: No.
How to File
- Start With the Original: Grab a copy of the property deed you’re transferring.
- Find Your District: Use the Alaska DNR website to locate the property’s recording district.
- Fill out the Form: Include details like grantor/grantee info, legal description, and any exchange of value.
- Notarize the Document: Get it signed before a notary, especially for co-owned homesteads.
- File and Finalize: Submit the completed and notarized deed to the appropriate recording district.
Costs and Fees
Filing Fees:
- Recording fees: $20 for the first page, $5 per additional page, $2 per extra name or location for indexing, and $20 for the first sheet of plats with $5 per subsequent page. Certified copies cost $5 each.
Taxes:
- U.S. Gift Tax (Form 709): Federal tax applies to property transfers without payment.
- Capital Gains Tax: Federal rates apply based on the grantor’s income and how long they’ve owned the property.
Frequently Asked Questions
Is there an expiration date for quitclaim deeds in Alaska?
No, there is no specific expiration date. Once a quitclaim deed is properly filed and recorded, it transfers ownership of the property. This ownership transfer remains valid indefinitely unless challenged in court.
How do you correct an Alaska quitclaim deed?
Fixing a mistake on an Alaska quitclaim deed depends on the severity of the error. Minor typos or missing info can be addressed with an Affidavit of Correction. This document acknowledges the mistake, provides the correct info, and gets signed by both parties before a notary. It’s then filed with the recording office for a fee.
For more serious errors, like a wrong legal description, a full re-recording might be needed. This involves creating a new, accurate deed, getting signatures and notarization again, and filing it with the recording office along with the original deed (potentially incurring additional fees).
Does a quit claim deed supersede a divorce decree?
No, a quitclaim deed cannot supersede a divorce decree. They address different aspects of property division. A divorce decree, issued by a court, settles all marital issues, including who owns which properties after the split. It’s the legal ruling on ownership.
A quitclaim deed is simply a document that transfers real estate ownership. If the decree awards a property to one spouse, the other might use a quitclaim deed to officially transfer their interest. While the quitclaim deed enforces the ownership decision, the court’s decree remains the ultimate authority.
