An Arkansas quitclaim deed is a legal document used to transfer property ownership. It’s commonly used in situations where real estate is being gifted, when there are errors in the property title that need fixing, or to update ownership due to life events like inheritance, marriage, or divorce.
The grantor, or seller, simply transfers their interest in the property to the grantee, or buyer, without any assurances about ownership or the absence of title issues. This means the grantor gives up their claim to the property but isn’t responsible if issues with the title arise after the transfer.
Legal Framework
Arkansas quitclaim deed laws span codes for property, taxes, and legal document requirements. Ark. Code § 18-12-102 establishes the basic legal framework under which a property owner can transfer real property using a deed.
The law includes quitclaim deeds, but the grantor must use language that specifically limits the warranty and liability.
Legal Description
Your Arkansas quitclaim deed should include a description of the property being transferred. Per the commissioner of state lands, a legal description may include the street address, lot number, parcel number, parcel location, township, range, and subdivision information.
Signing
- Per Ark. Code § 18-12-203, all real estate conveyances, including property transfers via an Arkansas quitclaim deed, must be notarized. The notary must verify your identity at the time of signing.
- Ark. Code § 18-12-403 further notes that the grantor’s spouse must also sign an acknowledgment agreeing to the property transfer if they co-own the home and it is not a homestead. Both spouses must sign the deed as grantors if the property is a homestead.
Terminology
Per Ark. Code § 18-12-102, any deed that includes the words “grant,” “bargain,” or “sell” automatically guarantees that the grantor owns the property free of encumbrances.
To ensure your quitclaim deed is valid without guarantees, you must specifically indicate that the quitclaim deed doesn’t guarantee the grantor owns the property free and clear of liens and encumbrances.
Additional Documents
Ark. Code § 26-60-107 stipulates that when conveying property using an Arkansas quitclaim deed, you must submit the signed and notarized deed and a real property tax affidavit of compliance form as provided by the Arkansas Department of Finance and Administration.
Filing
- Ark. Code § 14-15-404 requires all deeds, bonds, or other documents affecting the transfer of property titles to be registered with the office of the circuit clerk in the county where the property is located.
- Transfer tax is based on the amount of consideration for the transferred property. It is typically paid at the time of transfer, per Ark. Code § 26-60-106. Unless otherwise indicated, the tax is paid half by the grantor and half by the grantee.
Validity Requirements
Arkansas quitclaim deeds and other recorded documents must meet certain formatting requirements to be valid, per Ark. Code § 14-15-402. Requirements include:
- Paper: Print the deed on 8 ½ in. by 11 in. paper.
- Legibility: The quitclaim deed must be legible.
- Margins: Include a 2.5 in. margin at the top right of the first page and the bottom of the last page. All other margins on the sides and bottoms must be .5 in.
- Spaces: Reserve space at the top right corner of the first page for the recorder to add the file mark.
Content Requirements
To meet legal requirements and ensure a smooth property transfer, include the following information in your Arkansas quitclaim deed:
- Document title.
- Grantor and grantee names.
- Legal description of the property.
- Vesting clause transferring the property.
- Co-ownership information for tenancy in common, per Ark. Code § 18-12-603.
- Consideration amount.
- Preparer information.
- The return address for the recorded deed.
- Transfer tax certification.
- Notarized signature of the current owner.
- Signatures of two witnesses.
Quitclaim Deeds vs. Other Property Transfer Methods
| Quitclaim Deed | Transfers real estate from the grantor to the grantee without any title or ownership guarantees. If title issues arise after the property transfers, the grantee is liable and cannot sue the grantor. |
| General Warranty Deed | Transfers real estate from the grantor to the grantee free and clear of all liens and encumbrances. If title issues arise after the transfer of property, the grantor will take responsibility for correcting those problems. |
| Special Warranty Deed | Transfers property to the grantee with limited responsibility on the part of the grantor. The grantor only claims liability for title or ownership issues that arose during their ownership. They are not liable for any issues that arose prior to their tenure. |
| Beneficiary Deed | As defined under Ark. Code § 18-12-608, a beneficiary deed conveys real estate to a beneficiary upon the grantor’s death. It is also known as a transfer on death (TOD) deed or estate planning deed. |
| Title Insurance | Grantees can protect themselves financially from title defects by taking out a title insurance policy. If defects arise following the transfer of property via a quitclaim deed, title insurance can help cover the associated costs. |
| Joint Ownership | Per Ark. Code § 26-35-303, transfers property to a joint owner or owners upon the death of the grantor. This is typically known as joint tenancy with a right of survivorship. |
