What is a Kentucky Quitclaim Deed?
A Kentucky (KY) quitclaim deed in is a document that transfers interest in a piece of property from one person (the grantor) to another person (the grantee). It transfers ownership (e.g., between family members or in the case of a divorce) and stops previous owners (if applicable) from claiming interest on the property at a later date.
Unlike in a warranty deed, in a quitclaim deed, the seller does not provide a guarantee that the title is clear.
Quitclaim deeds are sometimes called “quit claims deeds,” “quick claims deeds,” or “quit claim deeds” in error.
Important Laws & Requirements
- Law: KY Stat. § 382.135(1) & § 382.135(6)
- Signing: Full names of the grantor and grantee and their mailing addresses. The grantor (or agent) and grantee (or agent) must sign a sworn consideration statement, and the signatures must be notarized.
- Recording: (§ KRS 382.110) The document must be filed in the County Clerk’s office of the county where the property (or the greater part of the property) is located.
- Consideration Statement: (§ KRS 385.135) A consideration certificate or statement must be attached to the quitclaim deed when recording at the County Clerk’s office.
- Tenancy and Vesting: For residential property, the primary methods for holding title in co-ownership are tenancy in common, joint tenancy, and tenancy by entirety. A grant of real estate to two or more persons creates a tenancy in common, unless otherwise specified. Tenancy by entirety is available to married couples only § KRS 381.050(1). Kentucky law requires all recorded documents or documents affecting a change in property ownership to contain information on how the grantee will hold title (vesting).
How to Write & File a Quitclaim Deed in Kentucky
Step 1: Find your KY quitclaim form. Download it to complete on your computer or print it to be completed by hand.
Step 2: Gather the information you need. This includes the name and address of the form’s preparer and the address of the County Recorder where it will be filed.
Step 3: Enter the information about the parties. This includes the name and city of the grantor (seller) and the name of the grantee (buyer). Date the document in day/month/year format. Add the amount paid for the property.
Step 4: File the deed in the County Clerk’s office of the county where the property is located, along with the consideration certificate.
