An Indiana quitclaim deed lets you conduct informal property transfers with people you know well, such as a child, parent, spouse, family member, or close friend. While it’s a simple and effective property transfer method, it doesn’t provide proof of ownership or offer guarantees to the new owner. Therefore, it’s essential to abide by the state’s requirements for this document.
Legal Framework
Ind. Code § 32-21 outlines the conveyance procedures for real property, further divulging into quitclaim deeds in Ind. Code § 32-21-1-15.
Legal Description
The grantor must include a legal description in their quitclaim deed. This description isn’t simply the property’s address; rather, it should consist of any of the following elements:
- The county, township, range, and section numbers.
- Total acreage.
- Metes and bounds.
The legal description should be exact enough so the County Recorder’s office can identify the property without any confusion as to what the description is referring to.
Signing
A quitclaim deed will only be valid if the grantor signs it before a notary public and the notary public stamps it with their seal (Ind. Code § 32-21-2-3). The grantor should refrain from signing it until they’re in front of a notary; otherwise, the notary won’t be able to authenticate the signature.
Terminology
Ind. Code § 32-21-1-15 notes that the deed must contain specific language, including “[Grantor] quitclaims to [Grantee] (the legal description of the property) for [the amount paid by the grantee].” Please refrain from including any reference to a grant or warranty, which could create a warranty deed.
Additional Documents
Ind. Code § 6-1.1-5.5 notes that if a transfer involves valuable consideration, the grantor must complete a Sales Disclosure Form (Form 46021) to accompany the quitclaim deed. The Sales Disclosure Form explains the sale’s conditions and notes the transfer of property between the two parties.
Furthermore, if the conveyance involves the sale of residential real estate, the grantor must also fill out a Residential Property Disclosure Statement (Ind. Code § 32-21-5-10).
Filing
Ind. Code § 32-21-4-1 discusses the process for filing a quitclaim deed. The grantor should take the deed and the Sales Disclosure Form to the County Recorder’s office where the property resides.
Validity Requirements
A quitclaim deed must fulfill certain requirements to be valid (Ind. Code § 36-2-11-16.5):
- 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.
Content Requirements
Explore the essential elements for the content of your quitclaim deed:
- The names and addresses of the grantee and grantor.
- A legal description of the property.
- The language per Ind. Code § 32-21-1-15.
- How the new co-owners will jointly hold the title (if there are multiple new owners).
- A statement of consideration (if applicable).
Quitclaim Deeds vs. Other Property Transfer Methods
| Quitclaim Deed | Conveys property without making any title warranties. |
| General Warranty Deed | Requires the grantor to defend against all title claims regardless of the period from which they arise. |
| Special Warranty Deed | Provides covenants but only for the grantor's ownership period. This document absolves the grantor of encumbrances arising from before their ownership period. |
| Life Estate Deed | Divides real estate ownership into a life estate. During the tenant's lifetime, the tenant must seek the remainder beneficiaries' permission before mortgaging or selling the property. It can be a quitclaim deed but doesn't have to be one. |
| Transfer on Death Deed | Lets property transfer to a beneficiary after the owner's death. The property owner keeps full control until their passing. |
