A Georgia quitclaim deed transfers ownership and interest in a property from one party (the grantor) to another party (the grantee) without any warranties.
With a quitclaim deed, one party relinquishes (“quits”) their interest in the property. In Georgia, a quitclaim deed is also known as a non-warranty deed. These might also be incorrectly referred to as “quick claim deeds,” “quickclaim deeds,” or “quit claims deeds.”
The quitclaim deed does not provide any warranties or guarantees that the title is good or that the property is free and clear of any liens or claims. It only transfers whatever ownership interest the grantor has at that time.
It does not protect the grantee in the event the grantor was dishonest about the property or their share of it. Therefore, quitclaim deeds are often used when the parties know each other such as transferring property between family members.
In cases where you’re purchasing a property from an unknown person, it’s more advisable to use a warranty deed, where the grantor warrants good and clear title, to protect your interests.
A quitclaim deed does not impact mortgage or funding and the grantor remains responsible even after the ownership has been transferred. In a divorce, signing a quitclaim agreement will not absolve either party of financial responsibility to the mortgage company.
Georgia Quitclaim Deed Important Laws and Requirements
The following are important laws and requirements related to Georgia quitclaim deeds.
Georgia Code § 44-2-14
A quitclaim deed needs to be signed by the grantor and one (1) witness in the presence of a notary public. Georgia Code § 44-5-30
Transfer Tax and Document
According to Georgia Code § 48-6-1, if the consideration exceeds $100.00, then the real estate transfer tax based upon the sale price is at the rate of $1.00 for the first $1,000.00 and at the rate of 10 cents for each additional $100.00.
Unless exempt under Georgia Code § 48-6-2, payment of transfer tax and Form PT-61 Real Estate Transfer Tax Declaration is required at the time of recording. The form can be completed and filed electronically with the Georgia Superior Court Court Clerks’ Cooperative Authority.
After the quitclaim deed is signed and notarized, it needs to be filed with the Clerk of the Superior Court of the county where the property is located. Georgia Code § 44-2-1
How to Write and File a Quitclaim Deed in Georgia
Creating a quitclaim deed is straightforward. You’ll need to consider the property and specific interests that are being transferred when creating the document.
You may need to use a Joint Tenancy or Tenancy by Entirety in cases where the property is owned by more than one party.
To complete a quitclaim deed in Georgia, complete the following steps:
Step 1 – Obtain the Georgia Quitclaim Deed Form
Download the GA quitclaim deed form. You can fill out the form digitally or print it and fill it out by hand.
Step 2 – Fill out Form Details
Fill out the form. The information includes the grantor’s name and address, the grantee’s name and address, the county where the property is located, the legal description of the property, any exchange of money for the property (consideration), and homestead verification.
Step 3 – Write Deed Delivery Name and Address
Write the name and address where the deed should be delivered once it’s recorded. Typically, this is the grantee (buyer).
Step 4 – Enter Preparer’s Name and Address
Write the name and address of the person who prepared the quitclaim deed.
Step 5 – Get Signatures and Have Deed Notarized
Get the necessary signatures. You need to have the quitclaim deed signed by the grantor (seller), one (1) witness, and acknowledged before a notary public.
Step 6 – Pay Real Estate Transfer Tax
If applicable, pay the real estate transfer tax and complete Form PT-61 Real Estate Transfer Tax Declaration.
The tax is based on the property’s sale price and must be paid to the Georgia Department of Revenue before you can file the deed with the clerk.
Step 7 – File the Quitclaim Deed
File the quitclaim deed with the Clerk of the Superior Court in the county where the property is located to finalize the transfer.
Georgia Quitclaim Deed Form Sample
The following is an example of a Georgia quitclaim deed form:
Georgia Quitclaim Deed Samplegeorgia quitclaim deed