A Kentucky (KY) Quitclaim Deed is a document that transfers interest in a piece of property from one person (the grantor) to another person (the grantee).
You can use it to transfer ownership between family members, such as when adding or removing a spouse in the case of a divorce.
Unlike a warranty deed, for a quitclaim deed, the seller does not provide any guarantees that the title is good and free of claims.
Quitclaim deeds are sometimes called “quit claims deeds,” “quick claims deeds,” or “quit claim deeds” in error.
Important Laws & Requirements
The following are important laws and requirements regarding Kentucky quitclaim deeds.
Law
Kentucky Revised Statutes Chapter 382
Document Requirements and Consideration Certificate
Per Kentucky Revised Statutes § 382.135, the deed must contain the full names of the grantor (seller) and grantee (buyer) and their mailing addresses and in-care-of address for the property tax bill in the year transferred.
In addition, the grantor and grantee must sign a Consideration Certificate and the signatures must be notarized unless there are any exemptions.
Signing
Per Kentucky Revised Statutes § 382.130, the grantor must sign in the presence of two (2) witnesses or a notary public.
Recording
Kentucky Revised Statutes § 382.110. You must file the deed and the Consideration Certificate in the County Clerk’s office of the county where the property (or the greater part of the property) is.
Transfer Tax
Kentucky Revised Statutes § 142.050. There is a real estate transfer tax on the amount paid (if any) computed at $.50 for each $500 value unless exempt.
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 real estate grant to two or more persons creates a tenancy in common unless otherwise specified. Tenancy by entirety is available to married couples only per Kentucky Revised Statutes § 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
Take the steps below to write and file a quitclaim deed in Kentucky.
Step 1 – Obtain the Kentucky Quitclaim Form
Find your KY quitclaim form. Download it to complete on your computer or print it to be completed by hand.
Step 2 – Get Names and Address of All Parties
Gather the information you need. This includes the name and address of the form’s preparer and the address of the County Recorder where you will file the deed.
Step 3 – Write Grantor and Grantee Details
Enter the information about the parties. This includes the full names and addresses of the grantor (seller) and grantee (buyer). Date the document in day/month/year format. Add the amount paid, if any, for the property and include a legal description.
Step 4 – File the Quitclaim Deed
File the deed in the County Clerk’s office of the county where the property is, along with the Consideration Certificate.
Kentucky Quitclaim Deed Sample
Below is an example of what a Kentucky quitclaim deed looks like.