A Louisiana quitclaim deed is a legal document that transfers real property (like a home or commercial building) to another person or entity. It includes information about the property, the buyer (grantee or vendee), the seller (grantor or vendor), and other important terms and conditions of the transfer.
The document only transfers whatever rights the seller has in the property. As such, quitclaim deeds are popular to transfer property between family members, such as adding a spouse or from parent to child.
Laws & Requirements
Statute: Chapter 5 – Proof of Obligations: A property description, including the municipal ID and the address, must be included in the deed. If the property description is unclear, that could lead to problems with the title, chain of title, or the property’s marketability. Real property in Louisiana is also referred to as “immovables.”
Signing Requirements: Louisiana Civil Code Article 1833: The grantor must sign the deed in the presence of two witnesses and before a notary public. Names: Louisiana allows some leeway in typos in names and spelling variations, including the use of nicknames. However, you should ensure that all of this vital information is correct before you file the deed.
Recording Requirements: Louisiana Civil Code Article 517: The deed is only valid to third parties once filed in the parish where the immovable property is. To be validly recorded, provide the deed to the Clerks of Court in the parish where the property is. You may need to mail the deed, but many parishes, like Beauregard Parish, have incorporated eRecording services.
Transfer Tax: No.
Additional Documents: § 9:3198: Sellers must file a property disclosure statement informing buyers of defects or adverse conditions on the premises or property title.
How To File
- Research and Paperwork Gathering: In Louisiana, check with the parish clerk’s court office for quitclaim deed submission regulations, recording fees, and other requirements. Gather a Louisiana quitclaim deed template, property disclosure form, and the original property title.
- Fill Out the Paperwork: Accurately complete the quitclaim deed and property disclosure form, ensuring no blank spaces are left on the template. Do not sign or date the quitclaim deed yet, as it requires notarization.
- Notarization: Have the quitclaim deed notarized with two witnesses. The notary will verify your identity and stamp the document.
- File the Deed: Submit the deed to the clerk’s office in the parish where the property is registered, either by mail, in person, or online, if available. Pay any applicable recording fees, which may average around $100. Make copies of the deed for all parties involved before submission.
Costs and Fees
Recording Fees
- The initial cost is $100 for a document with one to five pages.
- The fee increases to $200 for documents with six to twenty-five pages and increases further after that.
- Additional charges apply for indexing more than ten names.
- Special actions like canceling a mortgage have a set fee of $50.
- Fees are assessed separately for filings in both mortgage and conveyance records.
- Standard fees are applied to common paper sizes and a $20 surcharge for non-standard sizes.
- Other services, such as notarization and document copying, carry separate, generally modest fees.
Taxes
- Transfer Tax: Louisiana has no real estate transfer tax, meaning no such tax applies to quitclaim deeds. While the state does not impose its own gift tax, federal gift tax considerations may apply for property transfers that exceed annual IRS exclusion limits.
- Capital Gains Tax: Both federally and at the state level, can affect the seller based on the profit made from the property’s value increase, with certain exemptions available, particularly for primary residences.
