What is a Georgia Quitclaim Deed?
A Georgia quitclaim deed transfers all ownership and interest in a property from one person (the grantor) to another person (the grantee).
Quitclaims are used to verify that one party relinquishes (“quits”) their interest in the property. These might also be incorrectly referred to as “quick claim deeds,” “quickclaim deeds,” or “quit claims deeds.”
The quitclaim deed does not verify the interest or title of the property. It only transfers ownership of the property itself. It does not protect the grantee in the event that the grantor was dishonest about the property or their share of it. Therefore, quitclaim deeds are most often used when you’re transferring property from one family member to another.
In cases where you’re purchasing a property from an unknown person, it’s more advisable to use a warranty deed to protect your interests.
A quitclaim deed does not impact mortgage or funding. In a divorce, signing a quitclaim agreement will not absolve either party of financial responsibility to the mortgage company.
Important Laws & Requirements
- Laws: § 48-4-44
- Signing: A quitclaim deed needs to be signed by both parties and two (2) witnesses in the presence of a notary. One (1) witness can be used if the notary also signs as a witness.
- Transfer Tax: According to Georgia Title, the transfer tax owed to the State of Georgia is $1.00 per every $1,000 of the current property value.
- Recording: After the quitclaim is signed and notarized, it needs to be filed in the county where the property is located. The deed can be filed with the Clerk of the Superior Court for that jurisdiction.
How to Write & 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. For instance, a Fee Simple would be the transfer of property that’s owned completely by one person. 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: 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 the form. The information includes grantor’s name and address, grantee’s name and address, the county and legal description of the property, any exchange of money for the property, and homestead verification.
Step 3: Write the delivery address. The name and address where the deed should be delivered once it’s recorded.
Step 4: Write the preparer’s contact information. The name and address of the person who prepared the quitclaim deed.
Step 5: Get the necessary signatures. You need to have the quitclaim deed signed by both parties, two (2) witnesses and notarized by a notary public.
Step 6: Pay the deed transfer tax. The tax is based on the property value and must be paid to the Georgia Department of Revenue before you can file the deed with the clerk.
Step 7: File at the Clerk of the Superior Court. The deed should be filed in the county where the property is located to finalize the transfer.
