A Louisiana (LA) 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.
Quitclaim deeds are sometimes incorrectly called “quick claim deeds” or “quitclaim deeds.”
Any deed can represent the transfer of property, but a quitclaim deed is unique compared to a warranty deed, for example.
A quitclaim deed only transfers whatever rights the seller has in the property. That means that if there is some question about what rights the current owner has, the new owner takes the property subject to those questions or concerns.
This type of transfer has the least risk for the seller but more risk for the buyer if problems with the title come up later. As such, quitclaim deeds are popular to transfer property between family members, such as adding a spouse or from parent to child.
A quitclaim deed is unlike a warranty deed, where the seller warrants that they have all legal rights to the property—they “warrant” that there are no mortgages, liens, or questions in the title or chain of title.
Important Laws & Requirements
The following are important laws and requirements regarding Louisiana quitclaim deeds.
Louisiana Civil Code Article 1839. Real property in Louisiana is also referred to as “immovables.”
Per 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.
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.
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.
How to Write & File a Quitclaim Deed in Louisiana
Louisiana’s parishes maintain records for the immovable property located in that parish.
You can use the eRecording service in that county to record your deed, if available, or you can also submit a quitclaim deed form.
Step 1 – Obtain a Louisiana Quitclaim Deed
Obtain a Louisiana quitclaim deed form or use an online form to start drafting.
Step 2 – Fill in Party and Property Details
Each document should include the following information:
- The name and contact information for both the buyer and seller
- A detailed (legal) description of the property
- Information regarding who filled out the quitclaim deed form
- Name and address indicating where the parish office should send the file-stamped form to return for your records
- How much money was exchanged, if any, for the transfer of the property
- Signature of the seller
- Signatures of two witnesses
- Signature of a Notary Public who can also attest that everyone involved signed properly
Step 3 – File the Quitclaim Deed
Once you complete the form, file it with the parish in which the real property sits and pay the applicable recording fee. Most quitclaim deeds will be less than five pages, meaning the fee will be $105.00.
Sample Louisiana Quitclaim Deed
Below is an example of what a Louisiana quitclaim deed looks like.