A Kentucky quitclaim deed lets a property owner convey a real estate interest to a grantee without warranty or covenants regarding the title or ownership. By accepting a quitclaim deed, the grantee receives the real property as-is, regardless of the condition of the title. Should title or ownership issues arise, the grantee cannot sue the grantor for damages.
Since liability in a quitclaim deed falls heavily on the grantee, most real estate transactions in Kentucky involve partial or limited warranties. A grantee may also protect themselves by purchasing title insurance, which can help cover losses associated with title defects.
Property owners typically reserve quitclaim deeds for gifts, deed corrections, or property transfers with little or no consideration. Common uses of quitclaim deeds include:
- Establishing a right of survivorship for co-owners or joint tenants
- Conveying property to an ex-spouse as part of a divorce decree
- Gifting property to a family member
- Transferring real estate to a living trust
- Correcting or modifying an existing deed
Legal Framework
Kentucky quitclaim deed laws relate the terminology, use, and validity requirements for using a quitclaim deed to transfer property or update an existing deed. Ky. Rev. Stat. § 382.010 establishes the legal foundation for conveying Kentucky real estate interest using a deed. Quitclaim deeds specifically convey ownership interest from the grantor without any covenant of title.
Legal Description
Per § 382.110, deeds submitted for recording, including quitclaim deeds, must include a legal description of the property being transferred. They must also reference the document where the description was derived, including the office, book, and page where that document was recorded.
Property legal descriptions typically include the property’s state, county, and city or municipality. You may also need to include the property identification number outlined in § 382.335.
Signing
According to § 382.130, deeds executed must be signed in the presence of a clerk, subscribing witnesses, or a notary public. If the granting owner is married, their spouse must also sign the quitclaim deed, per § 392.020.
Under § 382.075, a grantor may electronically sign and file a deed if the document meets the statutory signing and acknowledgment requirements.
Terminology
A quitclaim deed does not have to adhere to any particular terminology. However, using “quitclaim and release” in vesting language is wise to avoid implying warranty. Additionally, the deed should include language indicating that the property is transferred without covenants or warranty of title.
Filing
A quitclaim deed must be recorded with the county clerk’s office in the county where the property is located, per § 382.110. If the property is located in more than one county, the deed should be recorded in the county where the majority of the property lies.
Validity Requirements
Kentucky statutes do not establish specific standards for formatting quitclaim deeds. However, the Kentucky County Clerk’s Association has adopted the following standards for all real estate documents:
- Paper size of 8 ½ in. x 11 in. or 8 ½ in. x 14 in.
- One-sided pages with no staples or binding
- 20-pound white paper with no watermarks
- No impression seals unless they are inked
- No colored highlight markers
- Printed or typed in black ink, with dark blue signatures
- Minimum 10-point Times New Roman or equivalent font
- Nine lines per inch maximum spacing
- Three in.-margin at the top of the first page
- All other margins are 1 in.
Content Requirements
A quitclaim deed must also include the following details:
- Grantor and grantee full names (§ 382.135)
- Grantor and grantee mailing addresses (§ 382.135)
- Deed preparer’s name and address (§ 142.050)
- Statement of full consideration (§ 382.135)
- Mailing address for property tax bill (§ 382.135)
- Legal property description (§ 382.110)
- Property identification number, if applicable (§ 382.335)
- Vesting language transferring the property
- Grantor’s marital status (§ 382.135)
- Derivation clause showing where the grantor derived ownership of the property (§ 382.110)
Quitclaim Deeds vs. Other Property Transfer Methods
| Quitclaim Deed | A quitclaim deed conveys real estate interest from the current owner to the recipient without covenants or warranty of title. If issues arise concerning ownership or title, the grantee cannot seek legal compensation from the grantor. |
| General Warranty Deed | A warranty deed conveys property to the new owner with the current owner’s guarantee that the title is free and clear of all liens and encumbrances. The grantor can be held accountable for any title defects or associated claims, regardless of when the issues arose. |
| Special Warranty Deed | A special warranty deed provides limited guarantees when transferring a property. The grantor typically guarantees that they have not conveyed their interest in the property to anyone else and that the title did not become encumbered during their ownership period. |
| Title Insurance | Grantees who accept real estate interest via a special warranty or quitclaim deed can pay a premium for title insurance, which protects from some of the losses associated with potential title defects. |
| Estate-Planning Deeds | Life estate and transfer-on-death (TOD) deeds let the property owner transfer their interest in the real property to a beneficiary upon their death without going through probate. |
| Survivorship Deed | The property owner can add someone to their deed during their lifetime through co-ownership options like joint tenancy with a right of survivorship. When the owner passes away, the property automatically goes to the co-owner listed on the deed without going through probate. |
