Land, home, and building owners can use an Indiana Quitclaim Deed Form as the legal document to transfer property rights from the owner (grantor) to another person (grantee) without the owner providing a title guarantee.
Property owners use a quitclaim deed when transferring ownership to someone they know or are related to, particularly if the property transfer is a gift between family members or to add or remove spousal names from titles.
Note that quitclaim deeds differ from warranty deeds. Grantees who want warranties that the grantor has ownership and the right to transfer the property with clean title should use a warranty deed instead.
Indiana Quitclaim Deed Laws and Requirements
If you write your own Indiana quitclaim deed, follow the proper steps for required information, filing, and recording of the documents. Improperly completing the quitclaim deed can lead to an invalid transfer. Consider contacting an attorney if you are unsure how to file or fill out a quitclaim deed form in Indiana.
Laws
Indiana Code § 32-21-1-15 details Indiana’s deed requirements for a quitclaim deed.
Legal Description
The current copy of the deed should have the complete legal description of the property, including the plat and map number, the metes and bounds, county assessor parcel number, and street address.
Some deeds may only contain a developer’s lot number, which is insufficient for the property transfer. The legal description must include the property address.
Contact the County Recorder’s Office to ask about the property’s full legal description if you are unsure about any description elements.
Signing
Per Indiana Code § 32-21-2-3, the grantor must sign the deed in the presence of a notary public and have the document acknowledged by the notary public.
Acknowledgments
Include the notary’s admission or proof of commission, sometimes called an acknowledgment, of the grantor’s signature.
Transfer Tax
Indiana does not impose a real estate transfer tax. However, you may have to pay fees to process a Sales Disclosure Form.
Terminology
The deed must contain specific language worded in substance: “[A.B.] quitclaims to [C.D.] (describe the property here) for the sum of (amount).”
The language in a quitclaim deed cannot imply “grant,” “warranty,” or “sale,” as this would create a warranty deed.
Additional Documents
Per Indiana Code § 6-1.1-5.5, a Sales Disclosure Form (Form 46021) may be required to be filed along with the quitclaim deed.
The form is filed with the County Tax Assessor and used for property tax evaluations in the coming years.
Recording
Take the signed and notarized Indiana quitclaim deed form to the County Recorder’s Office in the county where the property is located per Indiana Code § 32-21-4-1.
Each county has its fee schedule and the deed must be filed with the appropriate recording fee.
If the transfer involves valuable consideration, complete the Sales Disclosure Form (Form 46021) and send with the deed to the Tax Assessor.
There are typically two fees, one to the Tax Assessor and the County Recorder. The Tax Assessor will forward the deed to the County Recorder.
If the transfer does not involve money, send the deed directly to the County Recorder’s office with the fee.
You may request additional copies of your deed and it may take several weeks to receive the official recorded document.
How to Complete & File a Quitclaim Deed in Indiana
Take the steps below to write and file a quitclaim deed in Indiana.
Step 1- Obtain the Quitclaim Deed Form
Download the form to complete on your computer, or print it to complete by hand.
Step 2- Gather Preparer’s Details
This includes the name of the form’s preparer and the address of the County Recorder where the deed will be filed.
Step 3 – Enter Grantor and Seller Information
This includes the name and address of both the grantor (seller) and the grantee (buyer). The names of all parties must match exactly throughout the deed.
Provide the date of the document in day/month/year format. Add the dollar amount (if any) paid for the property.
Indiana Quitclaim Deed Sample
Below is an example of what an Indiana quitclaim deed looks like.