Free Indiana Quitclaim Deed Form

An Indiana quitclaim deed requires the proper information, terms, and acknowledgements. A valid Indiana quitclaim deed must include the following elements:

• The grantee and grantor: Include the full legal names and addresses of each party. The grantor transfers their interest, and the grantee receives it.
• A legal description of the property: Provide a legal description including the county, township, range, total acreage, metes and bounds, recorded map or plat references, and section numbers. This description can be copied from the original property deed to ensure accuracy.
• Statement of quitclaim: Under IN Code § 32-21-1-15, the deed must contain specific phrasing, including “[Grantor] quitclaims to [Grantee] (the legal description of the property) for [the amount paid by the grantee].” The phrasing of a quitclaim deed should not include any reference to a grant or warranty to avoid creating a warranty deed.
• How new co-owners jointly hold the title: If the quitclaim deed will add multiple new owners to the title, the form must specify how the co-owners will hold the title. Define the conditions, percentage, and rights of ownership for each individual.
• A statement of consideration: If the grantee pays the grantor, the deed must include a statement of consideration to show that there was an exchange of payments or services.

Legal Templates’s free Indiana quitclaim deed to transfer property without a warranty. Our customizable form is available to download in PDF & Word format and includes the state-compliant terms you need.

According to IN Code § 36-2-11-16.5, the quitclaim deed form must include the following formatting:

• Be at least one individual page no larger than 8.5 by 14 inches.
• Not be permanently bound or in continuous form.
• Appear on white paper of at least 20-pound weight.
• Have clean margins on the first and last pages of at least 0.5 inches on each side and two inches on the top and bottom.
• Have clean margins on each additional page of at least 0.5 inches on the bottom, top, and each side.
• Be typewriter or computer-generated in blank ink in at least 10-point font.

Filing a quitclaim deed in Indiana requires you to follow proper filing procedures. Include the paperwork, details, and signatures to ensure a valid deed that meets your specific requirements.

1. Gather Your Information and Paperwork

Secure the original property deed to ensure the grantor’s ownership and rights to sell. You can also use this deed form to copy the property’s legal description onto the quitclaim form. New copies of the deed can be requested from the County Recorder’s office if necessary.

2. Complete the Quitclaim Form

Once you have the original deed, fill in the quitclaim form. Include the property description, party information, a statement of consideration and terms. Ensure that each element meets the legal requirements for an Indiana quitclaim deed.

3. Sign and Notarize

In Indiana, the quitclaim deed form must be signed and dated by the grantor in the presence of a notary. Per IN Code § 32-21-2-3, a notary must attach their seal and sign the form to prove authenticity. The grantor should also provide their government-issued ID as proof of identity when taking the document to be notarized.

4. Attach Additional Documents

Quitclaim deeds often require supporting documentation to prove the grantor’s rights and communicate the terms. In Indiana, consider using the following additional forms when creating a quitclaim deed:

• Sales disclosure form (Form 46021): If the property transfer involves valuable consideration, the grantor must complete the sales disclosure form. This form includes information about the property’s condition and clarifies the terms of the sale.
• Residential property disclosure statement: If a quitclaim deed is used to transfer residential real estate, in most cases, it must include a residential property disclosure statement, per IN Code § 32-21-5-10. Exceptions to this requirement are found in IN Code 31-21-5-1. This statement should include a notice of any material defects or safety concerns that apply to the property.

5. Record Your Forms

Once you have completed the forms and met state requirements, take your forms to the County Recorder’s office for recording. After you file, a copy of the deed will be reflected in the state’s public records. When you record with the county, the grantor will be charged any applicable fees for the deed and transfer.

An Indiana quitclaim deed comes with filing fees. The exact amount may vary depending on the property’s location, the duration of the grantor’s ownership, and the amount of consideration paid. Federal and state-level taxes also vary depending on the property and terms.

Filing Fees

Each county in Indiana may impose its own filing fees. Generally, these fees cost between $25 and $35 for each deed. For example, St. Joseph County and Hamilton County charge a $25 fee per deed. The grantor assumes responsibility for these costs unless the terms of the deed state otherwise. If you require a sales disclosure form with your quitclaim deed, you can expect an additional cost, typically around $20.

US Gift Taxes

If the transferred property is a gift to the grantee, the grantor may pay IRS federal gift taxes, unless the deed states that another party will pay instead. Federal gift taxes apply to any gift value that exceeds the limit of $19,000 for the 2025 tax year.

The gift tax may also apply when a grantor transfers property for significantly less than its actual value. For example, a grantor may decide to sell a property to a family member for a much lower cost than its assessed value.

Capital Gains Taxes

Indiana state laws apply a 3% capital gains tax to all properties, regardless of their actual value. The IRS also imposes an additional capital gains tax, as described in Topic No. 409. The federal capital gains tax applies to the sale of assets when the sale price exceeds the asset’s original purchase price by a significant amount.

IRS capital gains tax exemptions can apply in cases where the property was the owner’s primary residence for at least two of the last five years. Individuals who serve in the Uniformed Services and are required to live at a duty station or in government housing may also receive an exemption from capital gains taxes.