An Idaho quitclaim deed allows a property’s owner, known as a grantor, to convey rights and interest in a property to someone else, known as a grantee, without any guarantees of ownership or title search. This type of deed works best when the two parties know and trust one another.
How to File
Filing an Idaho quitclaim deed is simple when you follow a few key steps. Here’s how to complete your form and submit it for official recording without unnecessary delays.
Step 1: Fill in Preparer’s Information
Once you have your form ready, add the preparer’s information, including their address. No state laws prevent the grantor from completing a quitclaim deed themselves, so you can either fill out the form alone or with the help of a professional drafter like a licensed attorney. Either way, the information for whoever fills out the form must be included in the preparer’s section.
Below their details, also write the name and address of the person who will receive the deed after it is recorded. The return address usually belongs to the grantee, but it can be anyone.
Step 2: Note Consideration for the Property
Find the words “sum of,” or similar. Write the amount, if any, that the grantee is paying for the property. Write it with words first, then write the numbers afterward in parentheses with a dollar sign.
Step 3: Enter Grantor and Grantee Information
Write the full name of the grantor and their home address. Include the county, city, and state in that order. Repeat the process for the grantee.
Step 4: Fill in Property Description
Write the county where the property is, this time after the words “located in” or similar.
Add the property’s legal description and include a recording instrument number referencing a related recorded document if applicable. If you need to, attach additional documents. Use the description from the property’s current deed.
Step 5: Sign and Have the Form Notarized
Have the grantor sign the document in the presence of a notary public and have them acknowledge it. The grantee’s signature is optional on this form, as are witness signatures.
Step 6: File the Deed and Wait for Processing
Take the deed to the Idaho County Clerk and Recorder in the county where the property is located for filing. Pay the county’s recording or filing fees.
- Processing times for quitclaim deeds may vary depending on factors like the specific county and the time of year. However, recordation often takes about seven to 10 business days.
- During this time, the county recorder’s office will check that the information provided is complete and accurate. The recorder will then endorse and index the deed, add it to the county’s reception book, and scan it into the system of records.
- Lastly, the original documents will be sent to the address included in the “return to” section of the deed.
Costs and Fees
Filing a quitclaim deed in Idaho comes with a few basic costs. Here’s what to know about filing fees, potential taxes, and how they may affect your property transfer.
Filing Fees
The minimum charges for filing deeds at county recorders’ offices include (§ 31-3205):
- A base fee of $15 for the first 30 pages.
- Another $3 for each additional page past 30.
- An $11 fee for recording a map or plat.
- A $5 per page fee for recording a survey.
Taxes
While Idaho imposes less tax on property transfers than most other states, federal gift and capital gains taxes may still apply.
1. U.S. Gift Tax (Form 709)
- IRS Form 709 provides instructions and exemptions for the federal gift tax, which applies to gifted property over a certain amount at a rate that varies from year to year.
- Property is considered a gift if no consideration — or a nominal payment that does not reflect the property’s value — is exchanged for the transfer of the property.
2. Capital Gains Tax
- This applies in cases where a capital asset, like property, is exchanged for more than its cost. Both IRS Topic No. 409 and IRS Publication 551 discuss the federal capital gains tax, including its valuation and exemptions.
- According to the Idaho State Tax Commission, while the state taxes capital gains as income, it also allows for a deduction of up to 60% of capital gain net income in several cases. Complete Form CG to calculate your deduction.
Idaho Quitclaim Deed Requirements
Creating a valid Idaho quitclaim deed means meeting specific legal standards. Idaho Statutes Title 55, Chapter 6 outlines the key requirements, including property descriptions, proper signing, and clear language. Understanding these basics helps ensure your deed is legally sound and ready for filing.
Legal Framework
Idaho Statutes Title 55, Chapter 6 lays out all relevant state quitclaim deed requirements.
Legal Description
The legal description of the property should include “metes and bounds” such as:
- Section, township, and range.
- Subdivision.
- Each different tract, unit, or block.
If you run out of space to properly describe the property in full within the deed’s content section, a secondary document may be attached and referenced. For the secondary document, note information like the date registered, the book, the page, and the registration numbers on the deed.
Signing
- The grantor must sign before an authorized notary public who acknowledges the signature (§ 55-805).
- Both spouses must sign if the grantor is married or the property is registered as their homestead unless one spouse signs a spousal waiver of homestead rights that must be attached to the quitclaim at filing (§ 32-912).
Terminology
- The deed must specifically include the term “quitclaim” in the context that the grantor “quitclaims” the property to the grantee.
- The word “grants” implies warranty and should only be used in a deed that guarantees the grantor’s ownership, like a warranty or grant deed (§ 55-612).
Additional Documents
According to § 55-2504, a Residential Property Disclosure Statement must accompany quitclaim deeds, except in cases where:
- The transfer is between co-owners.
- The grantor is transferring property to a spouse or lineal descendant.
- The grantor is transferring property to a current or ex-spouse due to separation or divorce.
- The grantee lived on the property for at least one year.
- The grantor is a non-resident owner who inherited the property.
- One of the other scenarios laid out in § 55-2505 exists.
Filing
- Completed forms must be filed in the recorder’s office for the specific county where the property is located.
Validity Requirements
State statutes such as § 31-3205 and county processes have set forth a standardized format and system for properly recording quitclaim deeds. To support these processes and be considered legally valid, the document must:
- Be in English or accompanied by a certified translation.
- Use paper that is at maximum size 8.5 x 14 inches (legal size).
- Use a font that has a minimum size of 10 points.
- Use a text color that is dark and clearly reproducible.
- Leave a three-inch margin on the top of the first page for official use.
- Be signed by the grantor and notarized.
Content Requirements
§ 55-818 and § 31-2413 outline content requirements for quitclaim deeds.
- The title “Quitclaim” on the first page.
- The name and address of the grantor and grantee.
- The grantor’s marital status.
- The return name and address, which is usually the grantee, but can be anyone else of your choosing.
- The name of the person requesting recordation (§ 31-2410).
- The property address.
- The property’s homestead status (§ 55-1007).
- The property’s legal description including metes and bounds.
- A granting clause, which is a statement that describes the transfer.
- A consideration clause that states the value of the property and the amount of money exchanged for it.
Quitclaim Deeds vs. Other Property Transfer Methods in Idaho
| Quitclaim Deed | While often easier to complete than other options, it offers less security to grantees than other options. This makes quitclaims a popular method for transactions between friends and family members but much less popular for use in a traditional real estate transaction. |
| General Warranty Deed | Provides much more security to the grantee than quitclaims. Within this type of deed, the grantor formally confirms that they own the property and have the legal right to transfer it to the new owner. They are often used in traditional real estate sales in the state. |
| Special Warranty Deed | This limited warranty deed gives the grantee less protection than a general one but more than a quitclaim. While a general warranty secures the property against any title defects over all time, this secures the property against claims occurring only during the grantor’s ownership. |
| Grant Deed | Since the word “grant” implies warranties of title, these types of deeds are considered similar to warranty deeds. The grantor promises that the title has not been “conveyed,” or transferred, prior to the current exchange, and that no “encumbrances,” or title issues, exist. |
Sample Idaho Quitclaim Deed
View a sample Idaho quitclaim deed below—customize it easily with our editor and download it as a PDF or Word file.
Frequently Asked Questions
How long is a quitclaim deed good for in Idaho?
After it is recorded, the quitclaim deed itself will never expire in the state of Idaho. However, anyone looking to contest the claim of ownership within the quitclaim deed must do so within four years, at which time the statute of limitations for recovering property expires (§ 5-224 and § 6-401 enforce this, as used in the case Brown v. Greenheart, Idaho Supreme Court, Op. No. 100).
Can I use a quitclaim deed to transfer property with an existing mortgage?
Yes, you can use a quitclaim deed to transfer property with an existing mortgage in Idaho. However, it’s important to note that transferring the property doesn’t remove the original borrower’s responsibility from the loan unless the mortgage is refinanced or assumed by the new owner.
Does a spouse have the right to property after signing a quitclaim deed in Idaho?
In Idaho, signing a quitclaim deed typically relinquishes any ownership interest in the property. However, the specific rights of a spouse after signing a quitclaim deed can depend on various factors, including marital property laws and any agreements between spouses. It’s advisable to seek legal counsel to understand the implications fully.
