A Connecticut quitclaim deed helps transfer real property easily and quickly without providing any warranty on the title. The property owner only transfers whatever interest they have without making any promises that there are no claims or liens to the property.
How to File
Filing a quitclaim deed in Connecticut is a simple process when you know what information to include. Completing each section carefully helps ensure your property transfer is recorded correctly and protects your ownership rights.
Step 1: Fill In the Preparer’s Details
Add information about the person who is preparing the form. This will include their mailing address and name.
If you are preparing the form alone as the person giving the property (or grantor), your information should go here. You should also note yourself as the grantor.
Step 2: Enter Grantor’s Details
If there is a section for the grantor’s information at the top of the document, there are likely clear blanks to name the grantor, identify their relationship or professional status, and add their address.
If it’s in the body of the document, after the words “in hand paid to,” write the name of the grantor followed by the word “grantor.” Next, record the grantor’s address. This requires the county where the grantor lives.
Step 3: Write Grantee’s Information
Again, either toward the top of the document or within its paragraphed content, record the grantee’s name, ensuring the designation of “grantee” is used. Also, add their address, including the county.
After the words “situated in” or “located in,” fill in the county where the property sits.
Step 4: Add ‘Return to’ Information
Under the preparer’s information, put the name and address of the person who wants to receive the deed after it is properly filed.
This is often the person receiving the property (or grantee).
Step 5: Fill In the Property’s County
Find the words “State of Connecticut,” “County,” or similar in your template. In the blank, write the county where the property is located.
Step 6: Note the Payment Amount or “Consideration”
Record the dollar amount paid for the property in words. After a dollar sign, write it in numbers too.
Step 7: Note the Property’s Legal Description
Usually included right after the blank for the property’s county, the words “Connecticut to-wit” or “more particularly described as” often precede the property’s legal description.
While there are no state-specific requirements about which details to include here, more than just the mailing address is necessary. Check with the appropriate town clerk or refer to previous deeds of the property to find a legally sound description.
Costs and Fees
Understanding the filing fees and taxes for a Connecticut quitclaim deed can help you plan ahead, avoid surprises, and ensure your property transfer is completed smoothly.
Filing Fees
Statewide filing fees, outlined in Conn. Gen. Stat. Ch. 92 § 7-34a, are as follows:
- $60 for the first page.
- $5 for any subsequent pages.
- $2 for each assignment of mortgage after the first two assignments.
Taxes
Quitclaim deeds may also be subject to the following taxes:
1. Documentary Transfer Tax (DTT)
- A document transfer tax, known as a real estate conveyance tax in Connecticut, applies if the grantor or seller of real property receives at least $2,000 in exchange for it. The amount paid by the buyer — or grantee — in a real estate transfer is alternatively referred to as “consideration.”
- There are exemptions to the transfer tax, such as short sales or transfers between spouses. Usually, though, the grantor must pay the transfer tax before a deed can be recorded.
- The transfer tax includes state and municipal components and ranges from 1% to 2.75% of the sales price. The state component amount depends on the property’s type and value, and the municipal component amount depends on the property’s location.
- For more information about the specific amounts of transfer tax owed or help with a title search, visit the appropriate town clerk governing the area where the property is located.
2. U.S. Gift Tax (Form 709)
- Connecticut is the only state in the union that has its own gift tax. If you transferred property for little or no payment, it may be considered a taxable gift. You can find out more about the tax and whether or not your quitclaim deed may be exempt from it by following the CT-706/709 form instructions.
- Alternatively, you can learn more about the tax and its valuation on the Estate and Gift Tax Information page of the Department of Revenue Services website.
- Gift taxes for property given over a specific set amount, which differs from year to year, also apply countrywide. Use the U..S. Internal Revenue Service (IRS) Form 709 to calculate how much you owe and file this tax appropriately.
3. Capital Gains Tax
- The state also has its own specific capital gains tax. Check Bulletin 18 and the “Gross Income Tax” section of the Connecticut Resident Income Tax Information page for details.
- A federal capital gains tax also applies.
Connecticut Quitclaim Deed Requirements
Connecticut makes it simpler than many states to create and file a quitclaim deed, but you still need to follow key legal steps to ensure the transfer is valid and properly recorded.
Legal Framework
The laws governing quitclaim deed requirements are outlined in Conn. Gen. Stat. Ch. 821 and Ch. 821a.
Compared to other states, quitclaim deed laws in Connecticut are more straightforward. This allows grantors to fill out and file quitclaim deed forms more easily on their own while meeting the following requirements:
Legal Description
The legal description of the property does not only include its mailing address, but also further information to precisely pinpoint and identify it, outlining its dimensions and extent.
The appropriate town clerk may provide the complete legal description, or you may refer to the current property title.
Signing
- Conn. Gen. Stat. § 47-5 requires the deed to be signed by the grantor, the person transferring the property. Without their signature, the form is invalid.
- The grantor must acknowledge the deed in front of two witnesses and a notary. Under Conn. Gen. Stat. § 47-5a, the grantor can acknowledge in front of a notary public or certain other public officials, who can then count as one of the two required witnesses if this is agreed upon in advance.
Terminology
- Conn. Gen. Stat. § 47-36c provides language to use in a quitclaim deed. While not mandatory, using the statutory terminology will ensure that the quitclaim deed form is correct according to state law.
- The example language reads: “[The grantor’s name] of [the grantor’s address] for consideration paid, grant to [the grantee’s name] of [the grantee’s address] with QUITCLAIM COVENANTS.”
- Immediately following the term “QUITCLAIM COVENANTS,” include the property’s legal description, as well as any other provisions.
Additional Documents
No additional documents are required alongside a Connecticut quitclaim deed form.
Filing
- The best way to protect the transferee’s property rights is to record the deed publicly. Unless it is recorded, state law stipulates that the grantee only has rights to the property against any claims from the grantor alone.
- Counties will not typically record deeds. Instead, they should be filed in the appropriate town clerk’s office where the property is located. Office personnel will guide grantors through specific filing procedures and collect necessary fees at the time of recording.
Validity and Content Requirements
To be considered valid in the state, quitclaim deeds must contain:
- Complete information for the preparer of the document, grantor, and grantee.
- Full legal description of the property noting its location and details.
- The amount of money, if any, to be exchanged in the transfer.
- The grantor’s signature and acknowledgment from a notary and two witnesses.
Quitclaim Deeds vs. Other Property Transfer Methods in Connecticut
| Quitclaim Deed | Differs from other deeds in not providing the grantee with any “warranty of title.” This means that the grantee has no options for legal recourse against the grantor if it is later discovered that they did not own part or all of the property and thereby could not legally transfer it to the grantee. |
| General Warranty Deed | Provides warranty of title to the grantee. This applies to the entire timeline of the property’s existence. The language should grant “WARRANTY COVENANTS” to the grantee, per Conn. Gen. Stat. § 47-36c. |
| Limited Warranty Deed | Covers issues from a limited time within the property’s history of existence. Specifically, it only covers title issues during the time in which the owner previous to the grantee, or the grantor, owned the property in question. |
| Executor’s or Administrator’s Deed | An executor (as noted in the property owner’s will) or administrator (as appointed by the court) can handle the property’s ownership after the owner’s death. Deeds should use the language “duly qualified and authorized [executor or administrator]” and “grant with [EXECUTOR’S or ADMINISTRATOR’S] COVENANTS.” |
| Trustee's Deed | When a trust is involved in the estate planning of a property owner, handling the property after the owner’s death falls to a trustee. This trustee is the person or institution entrusted with administering the trust. Deeds should use the language “duly qualified as trustee” and “grant with TRUSTEE'S COVENANTS.” |
Sample Connecticut Quitclaim Deed
Review a sample Connecticut quitclaim deed below. Customize it easily in our document editor and download it as a PDF or Word file.
Frequently Asked Questions
Is a quitclaim deed the same as a warranty deed in Connecticut?
No, a quitclaim deed is not the same as a warranty deed. While both types of deeds are used to transfer real estate ownership, they differ significantly in the level of protection they provide to the grantee (buyer).
A quitclaim deed only transfers whatever interest the grantor (seller) has in the property without making any guarantees about the title. In contrast, a warranty deed includes covenants or promises from the grantor that they have clear title to the property and that there are no outstanding liens or encumbrances, offering the grantee greater security.
How long does it take for a quitclaim deed to be processed in Connecticut?
The processing time for a quitclaim deed in Connecticut can take anywhere between a few days to several weeks after it’s submitted to the town clerk’s office. This timeframe can vary depending on factors like workload at the office and any errors found in the paperwork.
For a more accurate estimate, it’s best to contact the town clerk’s office where the property is located. They can provide the most current wait times specific to their role.
Can a quitclaim deed be used to remove someone from the property title in Connecticut?
Yes, a quitclaim deed can be used to remove someone from the property title. However, it’s crucial to understand that using one doesn’t necessarily guarantee the removal of the individual’s interest in the property.
When a person is removed from the title through a quitclaim deed, it means they are relinquishing their claim or interest in the property, but it doesn’t absolve them of any financial responsibilities, such as mortgages or liens, unless addressed explicitly in the deed.
