What Is a Kentucky Quitclaim Deed?
A Kentucky quitclaim deed is a legal document that transfers property ownership from one party to another without guaranteeing the title’s condition. When a KY quitclaim deed is used, the property may still have liens, or the owner may not even legally own it. This is why it’s best to use a quitclaim deed in Kentucky only when the title is clear and the ownership is well-known. For example, you can use it to add a spouse to a title or transfer property within a family.
Kentucky Statute for a Quitclaim Deed
Kentucky state law doesn’t explicitly define a quitclaim deed. However, KY Rev Stat § 382.010 states that grantors can only transfer property they actually own, which helps avoid invalid quitclaim deeds.
What to Include in a Kentucky Quitclaim Deed
Per KY Rev Stat § 382.135, a Kentucky quitclaim deed must contain the following details:
- Grantor’s and grantee’s full names
- Grantor’s and grantee’s mailing addresses
- Statement of full consideration (a “consideration certificate”)
- Mailing address for the property tax bill
- Grantor’s marital status
Other areas of Kentucky real estate law require additional information in your KY quitclaim deed:
- Deed preparer’s name and address (KY Rev Stat § 142.050)
- Legal property description (KY Rev Stat § 382.110)
- Derivation clause showing where the grantor derived ownership of the property (KY Rev Stat § 382.110)
- Property identification number, if applicable (KY Rev Stat § 382.335)
When writing your quitclaim deed for Kentucky, include vesting language that clearly transfers the property without warranties.
Sample Kentucky Quitclaim Deed
View our free example Kentucky quitclaim deed to better understand what terms to include in your document. Then, write your own using Legal Templates’s guided form and download a copy in PDF or Word format.
Formatting Requirements for a Kentucky Quitclaim Deed
Most counties in Kentucky have adopted the Property Records Industry Association (PRIA) standards for Real Estate Document Formatting. The requirements are as follows:
- White paper color, no watermarks
- 20lb paper
- Paper size of 8½ x 11 is preferred, but 8½ x 14 is accepted
- No staples or binding
- One-sided only
- No impression seals or colored highlight markers allowed
- Top 3″ margin on the first page is recommended for Recorder use, especially
- on the right side of the page (it is not recommended on the last page)
- 1″ for all other margins
- Black ink is preferred, with dark blue signatures
- Font 10-point Times New Roman, or equivalent
- Spacing 9 lines per inch maximum
How to File a Quitclaim Deed in Kentucky
Filing a quitclaim deed in Kentucky starts with gathering the right documents and following specific signing and recording steps. Careful preparation helps ensure the property transfer is accepted without issues.
Step 1 – Secure a Copy of the Property Deed
The current deed to the property contains the details necessary to proceed with a quitclaim deed. If the current owner or grantor does not have a copy, they can obtain it from the county clerk’s office in the county where the property is situated.
Step 2 – Fill Out the Quitclaim Deed Form
Draft a quitclaim deed form using the information from the original property deed. Convey ownership to the new grantee, making it clear that they’ll only receive whatever ownership interest the grantor has. You can use Legal Templates’s guided form to make the process easier, as we ensure you fulfill Kentucky’s formatting and content requirements.
Step 3 – Sign and Execute
KY Rev Stat § 382.130 requires the deed to be signed by the grantor and acknowledged by a notary public or two subscribing witnesses. The grantor’s spouse must also sign if the grantor is married, under KY Rev. Stat. § 392.020.
The grantor and the grantee must both sign the consideration certificate that accompanies the Kentucky quitclaim deed.
The grantor can also electronically sign and file a deed if they meet the requirements outlined under KY Rev Stat § 382.075 for signing and acknowledgment.
Step 4 – File With the County Clerk
Fulfill the requirements under KY Rev Stat § 382.110 by submitting your KY quitclaim deed to the county clerk in the county where the property is located. If the property resides in multiple counties, prepare and submit a quitclaim deed for each county.
How Much Does a Quitclaim Deed in Kentucky Cost?
Recording a quitclaim deed in Kentucky comes with standard filing fees and potential taxes based on the property’s value. Understanding these costs in advance can help you file smoothly and avoid unexpected expenses.
Recording Fees
County clerks assess recording fees for deeds. KY Rev Stat § 64.012 establishes a starting rate of $33 for documents that are five pages or fewer, with $3.00 per additional page. KY Rev Stat § 142.010 allows the county clerk to assess additional recording fees and taxes, including $4 for each conveyance of real property.
The recording fee must be paid at the time of registration, so consider contacting the clerk in the county where your property is located in advance to find out how much you will owe.
Taxes
For property transfers with a KY quitclaim deed, you may owe state and county transfer tax, US gift tax, and capital gains taxes on a federal, state, and local level.
1. Transfer Tax
For properties transferred for consideration, Kentucky charges a transfer tax, per KY Rev Stat § 142.050. Transfer tax is computed based on the full actual consideration indicated on the quitclaim deed. If the property is a gift with no or nominal consideration, the tax is based on the estimated property value. The rate is $0.50 for every $500 in value or fraction thereof.
Exemptions to Transfer Tax
The following title transfers are not subject to transfer tax:
- Gifts or deeds with nominal consideration to or from US, state, city, or county government entities, agencies, or subdivisions
- Deeds that provide security or release a debt or obligation
- Deeds between spouses
- Deeds between former spouses as part of a divorce
- Deeds for delinquent taxes or assessments
- Deeds on partition
- Deeds transferring property in a merger, consolidation, or conversion of a business
- Deeds transferring property between a subsidiary and its parent corporation for nominal or no consideration, or consideration of the cancellation or surrender of stock
- Deeds under foreclosure or in lieu of foreclosure
- Deeds between a parent and child or grandparent and child with nominal consideration
- Deeds transferring property to a shareholder or owner upon dissolution of a company
- Deeds between an LLC and any of its members
- Deeds between a trustee and a successor trustee
2. US Gift Tax
Kentucky does not have a gift tax, but the federal government may charge the grantor of a gift conveyed via a quitclaim deed. The Internal Revenue Service (IRS) annually establishes a gift tax exemption limit. If the value of the gifted property exceeds the exemption limit in the year the property is conveyed, the grantor must pay gift tax.
The latest gift tax information and exemption amounts are on the IRS website. If you owe gift tax on the quitclaim transfer, you may submit Form 709 and your income tax return for that year.
3. Capital Gains Tax
Kentucky charges individuals for capital gains over a certain amount. If your quitclaim deed involved transferring property for consideration, you may owe capital gains tax on the profit you made from the sale. Kentucky imposes a state capital gains tax, with the rate established annually by the Kentucky Department of Revenue.
Local jurisdictions may also charge a capital gains tax for property sold for a profit. Check with your local taxpayer service center to learn more about local capital gains tax rates and how to file.
In addition, the IRS charges capital gains taxes for profits on real estate transfers over a certain amount. The IRS calculates capital gains based on your profit from the real estate transfer, your total annual income, and the time you owned the transferred property.