What is a Louisiana Quitclaim Deed?
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, the seller, and any other important terms and conditions of the sale.
Quitclaim deeds are sometimes incorrectly called “quick claim deed” or “quitclaim deed.”
Any deed can represent the transfer of property, but a quit claim deed is unique compared to a warranty deed, for example. A quit claim deed only transfers whatever rights that the seller (or transferor) has in the property. That means that if there is some question about whatever 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 deed come up later.
A quit claim deed is unlike a warranty deed, which represents to the buyer that the seller warrants that he or she has 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
- Laws: CC 1839. Real property in Louisiana is referred to as “immovables.”
- Recording: The deed that transfers property is only valid as to third parties once it is filed in the parish where the immovable is located. To be validly recorded, provide the deed to the Clerks of Court in the parish where the property is located. You may need to mail in the deed, but many parishes, like Beauregard Parish, have incorporated eRecording services.
- Signing: The deed is required to be signed by both parties to be valid.
- Names: Louisiana allows some leeway in typos in names and spelling variations, including the use of nicknames. However, you should make efforts to ensure that all of this vital information is correct before you file the deed.
- Property Description: A description of the property must be included in the deed. If property description is unclear, that could lead to a problem with the title, chain of title, or the property’s marketability.
- Fees: Recording fees are set by statute. For example, fees for one to five pages in Ascension Parish are $105, and they should be consistent throughout the state.
How to Write & File a Quitclaim Deed in Louisiana
Louisiana’s individual parishes maintain records for the real property located in that parish. You can use the eRecording service in that county to record your deed, if it is available. You can also use a standard form to transfer the property using a quitclaim deed.
Step 1: Obtain a standard quitclaim from the parish office or use an online form to start drafting your quitclaim deed.
Step 2: 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
- Data indicating where the parish office should send the file-stamped form to return it to you for your records
- How much money was exchanged to purchase or otherwise transfer the property
- Signatures of both parties involved in the transfer
- Signature of a witness who could describe both of the individuals involved in the transfer
- Signature of a Notary Public who can also attest that everyone involved signed properly
- Fill in any additional missing information as requested on the form
Step 3: Once the form is completed, you should 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, which means that the fee will be $105.00.