A Georgia quitclaim deed transfers an owner’s, or grantor’s, interest in real estate without warranty of title. This means the title transfers to the new owner, or grantee, with no guarantee that the deed transfers ownership or that the title is free of liens and encumbrances.
Typically, quitclaim deeds are used to divide property in divorce, transfer titles to living trusts, gift property to the owner’s children, set up joint tenancies with the right of survivorship, and correct deed errors.
Legal Framework
Ga. Code § 48-4-44 provides the basis for using a deed to transfer property in the state. Other requirements include:
Legal Description
To ensure the smooth transfer of property between the grantor and grantee, the deed should have a clear legal description of the real estate interest being conveyed. While state codes do not specify the requirement for legal descriptions, case law has established that deeds without adequate property descriptions are invalid (Pirkle v. Turner, 277 Ga. 308, 588 S.E.2d 733 (Ga. 2003)).
A valid legal property description may include the following:
- Metes and bounds.
- Subdivision, land lot, and block.
- County and district.
- Reference to a recorded plat.
- General militia districts.
The document must also include the correct tax parcel identification number, per Ga. Code § 44-2-2. Most property owners can pull the legal description from the existing deed.
Signing
- Under Ga. Code § 44-5-30, any deed conveying real property must be signed by the grantor before an officer and one other witness.
- Officers may include a notary public, judge, magistrate, clerk, or deputy clerk in the county where the property is located, per Ga. Code § 44-2-15.
Terminology
- Ga. Code § 44-5-33 indicates that a deed does not need to take a specific form. As long as the grantor or grantee accepts the document, the form does not matter. However, clear language outlining the intent of the deed can prevent legal complications down the road.
- Land sales do not automatically imply a warranty of title, per Ga. Code § 44-5-61. A general warranty typically adds language to grant covenants of quiet enjoyment, a right to sell, and a title free of encumbrances. A deed without warranty does not convey these covenants. Thus, the deed automatically acts as a quitclaim deed when warranties are not mentioned.
Additional Documents
- If you transfer property using a quitclaim deed in exchange for actual consideration, you must submit form PT-61 to disclose the consideration amount, taxes owed, and exemptions.
- The grantor typically completes the form online and prints it to submit with the deed during recording. At the time of recording, the person filing the deed will also pay the applicable transfer tax.
Filing
- The Clerk of the Superior Court in each county is required under Ga. Code § 44-2-2 to record real estate transactions, including quitclaim deeds.
- The deed becomes valid as soon as the executed form is delivered to the grantee. Per Ga. Code § 44-5-39, even though the grantee does not sign it, they are bound by the terms as soon as they accept it.
- Per Ga. Code § 44-2-1, any deed conveying real estate property must be recorded with the office of the Clerk of the Superior Court in the county where the land is situated.
Validity Requirements
Ga. Code § 15-6-61 establishes basic formatting and submission requirements for recorded documents. To ensure validity, your deed should meet the following guidelines:
- Be printed on white paper, either 8 ½ in. x 11 in. or 8 ½ in. x 14 in.
- Include a top margin on the front page of at least 3 in. and 1 in. for all other margins.
- Include a title that describes the character of the deed.
Although state requirements for deed formatting are minimal, clarity is key. Ensure that your document is legible and easy to photocopy to avoid miscommunication or errors in the recording process.
The Clerk of the Superior Court in your county may have specific formatting and submission requirements, so you may benefit from contacting them for more information before you draft and submit the form.
Content Requirements
Georgia requires documents transferring real estate, including quitclaim deeds, to provide the following information:
- Names and addresses of the grantor and grantee (Ga. Code § 15-6-63).
- The return address for the recorded deed (Ga. Code § 44-2-14).
- Vesting clause and warranty language (Ga. Code § 44-5-33).
- Legal description of the property.
- Tax parcel ID number.
- Statement of consideration (Ga. Code § 44-5-30).
- The notarized and witnessed signature of the grantor.
Quitclaim Deeds vs. Other Property Transfer Methods
| Quitclaim Deed | Transfers property between the grantor and grantee without any warranties or covenants as to title and ownership. The grantee cannot pursue legal action against the grantor for title defects or ownership problems that may arise. |
| Warranty Deed | Conveys property with full title warranty. The grantor is liable for any ownership issues or title defects that arise, regardless of the period in which they occurred (Ga. Code § 44-5-62). The grantee can pursue legal action against the grantor should title issues arise. |
| Limited Warranty Deed | Transfers real property with a partial warranty of title. Typically, it will hold the grantor responsible for title defects or issues that arose during their ownership but not for any problems with the title prior to the grantor’s tenure. |
| Life Estate Deed | Transfers real estate to the grantor’s beneficiary. The owner retains possession of the property during their lifetime, but ownership transfers to the beneficiary upon the owner’s death (Ga. Code § 44-6-80). |
| Title Insurance | When receiving a property via a quitclaim or limited warranty deed, the grantee may pay a premium for title insurance to cover costs associated with any title defects that arise (Ga. Code § 33-7-8). |
| Joint Tenants with Survivorship | The grantor may convey partial ownership of the property to a spouse or other co-habitants with a right of survivorship. In the event of the grantor’s death, their interest in the property automatically transfers to the co-owner (Ga. Code § 44-6-190). |
