What Is an Iowa Quitclaim Deed?
An Iowa quitclaim deed legally transfers the grantor’s interest in real property to a new owner without any guarantees about the title. It’s unlike a warranty deed, which promises that the grantor owns the property, free and clear.
In an Iowa quitclaim deed, the grantor conveys only the ownership rights they have. This conveyance may not be the full amount stated in the deed or any interest at all. Because of this risk, buyers should only use an IA quitclaim deed in low-risk transactions. For example, it’s generally safe to use when transferring between family members or during divorces.
What to Include in an Iowa Quitclaim Deed
IA Code § 558.19 offers a general form to use for a quitclaim deed:
For the consideration of ……………. dollars, I hereby quitclaim to ………………………….. all my interest in the following tract of real estate (describing it).
With this in mind, here are the key elements to include in your Iowa quitclaim deed:
- A statement of conveyance, making it clear that the property is being transferred without warranties
- A legal description and parcel identification number of the property being quitclaimed (per IA Code § 331.606B)
- The consideration paid for the property transfer
- The grantee’s name and address
- The grantor’s name and address
- The return address for the registered deed
- The title of the quitclaim deed
- The name and contact information of the person who prepared the deed
When including the legal description, you can use one of the following methods:
- Public Land Survey System (PLSS): Defines property based on the Fifth Principal Meridian, townships, ranges, and sections; common for rural land.
- Lot and Block System: Lists the lot number, block number, and subdivision name.
- Metes and Bounds: Describes the property perimeter using distances, bearings, and physical monuments.
Per IA Code § 331.606A, quitclaim deeds cannot include certain personally identifiable information, such as a Social Security number or bank account information.
Iowa Quitclaim Deed Sample
View an example of an Iowa quitclaim deed to see how to phrase your warranty-free conveyance. Customize yours using Legal Templates’s guided form, then download it in PDF and Word format.
Formatting Requirements for an Iowa Quitclaim Deed
To ensure ease of filing and document consistency, IA Code § 331.606B establishes the following formatting requirements for all recorded documents, including quitclaim deeds:
- Each document must be on white paper of at least 20-pound weight with no watermarks or visible inclusions.
- Text within the document must be clear and readable when reproduced.
- All signatures must be in dark blue or black ink.
- The first page of each document must have a margin of 3 in.
- All other margins must be at least ¾ in.
- Each document must be typed or printed with a minimum 10-point text with no more than 20 characters and spaces per inch.
- Documents should be presented on individual pages, not permanently bound or in continuous form.
Your county recorder may have different formatting and submission requirements. To avoid complications, contact the county recorder’s office in the county where the property is for clarification.
How to File a Quitclaim Deed in Iowa
Filing an Iowa quitclaim deed requires careful preparation and the right supporting forms. Following each step ensures your property transfer is legally recorded without unnecessary delays.
Step 1 – Locate the Legal Description
The property owner should have access to the deed, which contains the legal property description. If you do not have a copy of the original deed, contact your county recorder’s office before you proceed.
Step 2 – Fill Out the Quitclaim Deed Form
Complete the quitclaim deed using language from IA Code § 558.19 or similar. Your deed should state that the grantor “quitclaims” their interest in the real estate property without warranty of title. When you use Legal Templates’s form to fill out your document, you can ensure you include all of the key elements.
Step 3 – Complete the Value Declaration and Groundwater Hazard Forms
If you are not exempt from the real estate transfer tax under IA Code § 428A.2, you must complete a value declaration form, per Iowa Admin. Code r. 701-79.5. You may also need to submit a groundwater hazard statement, according to IA Code § 558.69.
Step 4 – Sign and File
The grantor should sign the quitclaim deed before a notary public, per IA Code § 558.20. IA Code § 9B provides notarization requirements. You may also need the grantor’s spouse’s signature if the transferred property is a homestead occupied by the married couple (IA Code § 561.13).
In accordance with IA Code § 558.41, you must file your quitclaim deed with the office of the county recorder where the property is located.
How Much Does a Quitclaim Deed in Iowa Cost?
Recording a quitclaim deed in Iowa comes with standard county fees and possible federal taxes. Knowing the potential costs ahead of time helps you prepare for a smooth and accurate filing.
Recording Fees
Iowa implements a $7 fee to record the first page of a quitclaim deed. Then, the following fees apply, per IA Code § 331.604:
- $5 fee for each page or fraction of a page unless the page contains multiple transactions. In that case, the recorder will charge $5 per transaction.
- $1 for each transaction for which a fee is paid
Each county may also charge its own fees for recording, so check with your county recorder’s office before you submit your quitclaim documents.
Transfer Tax
IA Code § 428A establishes a transfer tax of $0.80 for every $500 for certain real estate transactions. The first $500 is exempt from the tax. The grantee pays transfer tax when they submit the deed to the county recorder.
Per IA Code § 428A.2, transfer tax does not apply to the following real estate transactions:
- Any will, plat, lease, or mortgage instrument
- Any deed conveying or receiving land for the US or State of Iowa or any agency or political subdivision thereof
- Deeds conveying cemetery lots
- Deeds that modify or correct an existing deed without additional consideration
- Deeds between spouses or a parent and child, without consideration
- Tax deeds
- Deeds of partition without consideration, unless a party takes shares greater than their undivided interest
- Deeds conveying property as a result of a merger, consolidation, or reorganization of a corporation or LLC
- Deeds conveying property within a family-owned company
- Deeds transferring property pursuant to a divorce decree
- Deeds transferring easements
- Deeds returning property to lienholders in lieu of foreclosure or forfeiture
- Deeds executed by public officials while performing in their official capacity
- Deeds transferring assets under a will to heirs or devisees
- Deeds with consideration less than $500
- Deeds transferring property to beneficiaries of a trust without consideration
Gift Tax
Iowa does not charge a state gift tax. The federal government may assess a gift tax on the quitclaimed property if your consideration exceeds the exemption limit, as established by the Internal Revenue Service (IRS). Check with a tax professional or attorney if you are unsure whether you are liable for gift tax. If so, include Form 709 in your annual income tax filing.
Capital Gains Tax
The Iowa capital gains deduction was repealed for most non-farming real estate transactions occurring after January 1, 2023. This means that the capital gain for most property sales is subject to state income tax, which is currently at a flat rate of 3.8%.
You may also owe federal capital gains tax if you received consideration for the property you transferred with a quitclaim deed. The IRS establishes the capital gains rates based on your annual household income and how long you owned the property, among other considerations.
Speak with a real estate attorney or tax expert to determine whether you owe Iowa or federal capital gains tax. If you do owe capital gains tax or are eligible for a capital gains deduction, you can file the appropriate forms with your annual tax return.