A Delaware (DE) Quitclaim Deed allows you to transfer real property from one person or entity to another. It moves your real estate interest to another person, even if that interest is not perfect.
A warranty deed also transfers property from one person to another. However, a warranty deed transfers your interest in a different way. When you transfer using a warranty deed, you warrant that you have a good, marketable title.
You also promise to help the new owner if someone who claims to have any interest in the property shows up.
A quitclaim deed does not include that same promise—you only transfer whatever rights you have if any.
A quitclaim deed is sometimes mistakenly referred to as a “quit claim deed,” “quit claims deed,” or a “quick claim deed.”
A quitclaim deed is very seller-friendly, but not as helpful for a buyer.
In some cases, however, a quitclaim deed is a good option for transfers between family members such as adding or removing a spouse.
Important Laws & Requirements
The following are important laws and requirements related to Delaware Quitclaim Deeds.
Per 25 Delaware Code § 122, a quitclaim deed must be signed by the grantor (seller) and acknowledged before a notary public.
Every deed should also be filed with a Realty Transfer Tax Return and Affidavit of Gain and Value (Form 5402).
Delaware has just three districts to record quitclaim deeds—New Castle County, Kent County, and Sussex County.
Fees vary by county.
Fees in Kent County start at $36.00 document fee, then a $10.00 per page fee and $5.00 for each tax parcel number.
Fees in New Castle County are $13.00 per page and $3.00 for each parcel description. There is also a $30.00 document fee and another $5.00 technology fee for each document as well.
Deeds in Sussex County are a $30.00 document surcharge fee, $9.00 per page fee, plus a maintenance fee of $1.00 per document.
Recording standards are similar across counties (Kent County, New Castle County, Sussex County) but may vary by county. If the rules are not conformed to correctly, the Recorder may still file the document for an additional fee. For example, the standards required in Kent County include using:
Paper size 8.5 x 11 inches for each document
At least two and a half inches (2.5”) top margin for the first page and at least three-fourths inch (0.75”) margin for all other pages
A right margin of at least three-fourths inch (0.75”)
15 pitch size or larger (15 characters and spaces per inch)
Tax parcel numbers (the full 25-character code) must be shown on the upper third of the first page of all documents
A notation as to who prepared the deed is in the top third portion of the first page
How to Write & File a Quitclaim Deed in Delaware
You must create and file your quitclaim deed in one of just three counties in Delaware. You might also be able to utilize e-filing to record your deed in some circumstances.
Otherwise, you can file in person or mail the deed and supporting documents to the county in which the property sits.
Step 1 – Prepare Your Quitclaim Deed
Prepare your quitclaim deed using an official form or a form you can download online.
Step 2 – Include all Pertinent Information
Be sure that your document includes the following information per Delaware Code:
- Preparer’s full name and address
- Full name and return address of the person who will receive the deed after it is recorded
- A description of the grantor (seller) and grantee (buyer) (full name and address), including whether the seller is an individual, corporation, or another entity type
- A notation about how much is being paid (consideration) for the property, if any
- Grantor’s signature acknowledged by a notary public (name, title, expiration date)
- An accurate legal description of the property
- Tax parcel number which can be obtained from the Assessor’s Office, Deeds Office or prior deed
You may need to follow specific instructions for your area. For example, if you transfer property in the City of Dover, you must go to the City of Dover Assessor’s Office to get your deed stamped before it can be recorded in Kent County.
Step 3 – File the Deed with the County
Once you have completed everything, file the quitclaim deed with the county where the property sits. Be sure to pay the fees associated with filing the deed in the correct county.
If you need help with specific requirements, the recorder representatives in the county where the property sits can be a great resource.
Delaware Quitclaim Deed Sampledelaware quitclaim deed