A Delaware quitclaim deed allows you to transfer real property from one person or entity to another – without making any warranties or legally enforceable promises regarding the title and claims or liens against the property.
Laws & Requirements
Statute: Delaware Code Title 25, Chapter 1.
Signing Requirements: 25 Delaware Code § 122: A quitclaim deed must be signed by the grantor (seller) and acknowledged before a notary public. In some cases, deeds may also be proved in the Superior Court before one or more witnesses.
Recording Requirements: Delaware Code Title 9, Chapter 96: Delaware has three districts to record quitclaim deeds, and fees vary by county:
- Fees in Kent County start at $36.00/document, $10.00/page, and $5.00/tax parcel number.
- Fees in New Castle County are $13.00/page and $3.00/parcel description. There is also a $30.00 document fee and a $5.00 technology fee/document.
- Fees in Sussex County are $30.00/document, $9.00/page, plus a maintenance fee of $1.00/document.
Transfer Tax: Yes.
Additional Documents: Form 5402: Every deed should also be filed with a Realty Transfer Tax Return and Affidavit of Gain and Value.