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.
How To File
Filing a quitclaim deed in Louisiana means following parish-specific rules and meeting unique state requirements. From notarization to disclosure forms, careful prep helps ensure your deed is accepted and properly recorded.
Step One: Do Your Research and Gather Paperwork
In Louisiana, every parish has the authority to set specific regulations for filing deeds and paperwork. To determine the required format for submitting your quitclaim deed, visit the parish clerk’s court office in person or check their website. Additionally, verify the recording fees for the parish and any other parish-mandated submission criteria.
Afterward, collect all necessary documents, which may include a Louisiana quitclaim deed template, a property disclosure form, and the original property title. The title holds critical information, such as the current property owner and a legal description of the property, which you will need to fill out the quitclaim deed accurately.
Step Two: Fill Out the Paperwork
When filling out a quitclaim deed, it is essential to accurately provide all the necessary information. If you are using a template, ensure there are no blank spaces left on it, as it can invalidate the document.
The grantor must also complete a property disclosure form that highlights any potential property issues. It is crucial not to sign or date the quitclaim deed initially because it needs to be notarized later.
Step Three: Take the Form to a Notary
L.A. Civil Code Art. 517 requires you to have your quitclaim deed notarized and witnessed by two witnesses. The notary will check your government-issued ID and stamp the document after you complete it.
Step Four: File the Deed
How you file your deed with the clerks of court office will depend on the parish where the property is registered. Some parishes have different requirements. You may:
- Mail in your deed and other relevant paperwork
- Take the deed to the office in person
- Fill out the paperwork and submit the deed online
Each parish also has the right to set its own recording fees, which may average around $100. You must pay the fees when submitting the document.
If you submit the form in person or via mail, make copies of the deed for all involved parties before submitting the deed.
Costs and Fees
Louisiana sets specific filing fees based on the length and type of document, with added charges for indexing and services. While there’s no state transfer tax, federal gift and capital gains taxes may still apply—so it’s smart to understand the full cost before filing.
Filing Fees
When filing a quitclaim deed in Louisiana, it’s crucial to be aware of the associated costs, which are determined by the document’s length and the clerks’ duties as ex officio recorders. Here’s a detailed breakdown as per (§ 844(A)(1)(a):
- For documents ranging from one to five pages, the fee is $100.
- Documents spanning six to twenty-five pages incur a $200 fee.
- A twenty-six to fifty-page document costs $300 to file.
- For documents exceeding fifty pages, there is a base fee of $300 for the first fifty pages, with an additional $5 charged for each page thereafter.
- If a document requires indexing for more than ten names, an extra $5 per name is charged after the tenth name.
- These fees include the cost of indexing up to ten names and one certified or e-certified copy of the recorded document.
- Special provisions exist for certain actions, such as a $50 fee for recording acts or affidavits to cancel a single mortgage, lien, or privilege.
- If a document needs to be filed in both the mortgage and conveyance records, fees are assessed separately for each record.
- The standard recording fees apply regardless of whether the document is on eight-and-a-half-by-eleven-inch or eight-and-a-half-by-fourteen-inch paper. A $20 additional fee is levied for any other paper sizes.
Additional Services and Fees
- Notarizing acknowledgments of acts executed under private signature costs $10.
- A real estate mortgage and lien certificate search is $20 for the first name, with $10 for each additional name, plus $1 for each exception beyond ten.
- Canceling a real estate mortgage with the original note costs $10.
- Copying official documents is priced at no more than $2 per page.
- Attesting any record or providing a file-stamped conformed copy incurs a fee of $10 and $5, respectively.
Document Specifications
For successful filing, every document must be properly captioned on the first page to indicate the type of act, and it should adhere to specific margin and type size requirements. This ensures clarity and uniformity in public records.
Understanding these fees and requirements is essential for anyone looking to file a quitclaim deed in Louisiana, ensuring a smooth process while adhering to the state’s legal standards.
Taxes
Both the grantor and the grantee can see tax implications related to real estate transactions, including property exchanges backed by a quitclaim deed. Discuss your personal tax needs with an accountant to make sure you understand any taxes you will have to pay and how those taxes can impact your finances.
Real Estate Transfer Tax
Louisiana does not have a real estate transfer tax, so you will not have to pay taxes on the exchange of property via quitclaim deed.
US Gift Tax
Louisiana does not have its own gift tax to consider when transferring property. The United States allows exemptions for gifts up to a certain amount each year; however, due to the significant value of real estate transactions, they often fall over the exemption amount for gift taxes.
Capital Gains Tax
The capital gains tax is a tax assessed on the amount the value of a property has increased between the time when the owner bought it and when they sold it. Real estate often continues to increase significantly in value over the years it is owned. As a result, many property owners will face significant capital gains when they sell.
The United States assesses a tax on that amount, but does allow exemptions when the property was used as the owner’s primary residence, which means they lived in it for at least two of the last five years. Louisiana also assigns its own capital gains tax, which is based on the value of the gain. Consult an accountant to determine how those tax rates will impact you.
Louisiana Quitclaim Deed Requirements
Louisiana’s property laws follow a civil law system, making quitclaim deed requirements a bit different from other states. To ensure your deed is valid, it’s important to follow the state’s unique signing rules, use the correct language, and file properly with the parish recorder.
Legal Framework
In Louisiana, the legal framework for property transactions, including those involving quitclaim deeds, is governed by state-specific laws. The state’s approach to property law is unique because it is based on the civil law system, unlike the common law system used in the rest of the United States.
Legal Description
Including an accurate legal description of the property being transferred is crucial. This description typically encompasses the property’s boundaries and any other details that identify the specific piece of real estate, ensuring that the property can be identified from the deed alone.
Signing Requirements
According to L.A. Civil Code Art. 1833, a quitclaim deed needs to be signed by two witnesses in the presence of a notary. This designates a quitclaim deed as an “authentic act” under state law. The document needs to be signed by the grantor but does not necessarily have to be signed by the grantee.
Terminology
Without Warranty (Sans Garantie): This phrase can be included in acts of sale or donations to indicate that the seller or donor is not providing any warranty regarding the title or condition of the property being transferred. This is akin to the “no warranty” aspect of quitclaim deeds.
Encumbrances (Charges ou Servitudes): Refers to any liens, debts, or other burdens on the property. In the context of a transfer without warranty, the new owner takes the property subject to any existing encumbrances.
Additional Documents
According to L.A. Code 9:3198, sellers must file a property disclosure statement at the time of property transfer that informs buyers of defects or adverse conditions on the premises. The disclosure statement should include any known defects with the property or the property title.
Filing
Under L.A. Civil Code Art. 517, a property transfer is only valid to a third party once it has been filed in the parish where the property is located. That may mean visiting the clerks of court in person, mailing in the documents, or, in some parishes, using e-recording services. Check the website for the parish where you need to file the deed in order to determine its requirements.
Validity Requirements
As per CC 3352(A) and § 844(A)(1)(i), the deed should be legible, readable, and easy to understand. While Louisiana will accept documents that do not meet those guidelines, adhering to them can make the document easier to interpret and ensure its accuracy. Legibility suggestions include:
- White, legal-sized paper (8 1/2 x 14 inches)
- Double-spaced
- Margins of at least 3/4 inch, but no more than 1 1/4 inches, on the left, right, and bottom
- Margins of no less than 1 12 inch, but no more than 2 inches, on the top of each page
- Metal fasteners, including staples, on at least two places in the top margin of multi-page documents
- 11 or 12-point fonts
- Consecutively numbered pages
Content Requirements
In order to be considered valid, a quitclaim deed must contain several pieces of information. These include:
- The name and address of the grantor (the party giving or selling the property)
- The name and address of the grantee (the party taking possession of the property)
- A legal description of the property (which includes the parcel number, the boundaries of the property, and any other vital information about the property in addition to the address)
- The consideration exchanged for the property, if any
Notably, a quitclaim deed should not contain any mention of warranty of title, promises related to the title, or guarantees that the title is clear. These would fall under other deed types.
Quitclaim Deeds vs. Other Property Transfer Methods in Louisiana
| Quitclaim Deed | Conveys the current owner, or grantor's, interests in the property without warranty. |
| Special Warranty Deed | Conveys property ownership with only a special warranty on the property. Usually, that warranty covers only the time when the current owner possessed the property. |
| General Warranty Deed | Conveys property ownership with full warranty of title that covers any potential defects, including liens, unpaid property taxes, encumbrances, etc. |
| Life Estate Deed | Creates two interests in a property: a life interest, which belongs to the current owner or grantor until death; and a remainder interest, which transfers ownership of and all rights to the property to the new owner, or grantee, after the death of the current owner. A life estate deed is irrevocable without the permission of the grantee. |
| Ladybird Deed | A variation of a life estate deed, also known as an enhanced life estate deed. Creates both a life interest and a remainder interest in the property, but allows the grantor to maintain control over the property, including the ability to mortgage or sell it. |
| Transfer on Death (TOD) Deeds | Transfers property ownership only following the death of the current owner, or grantor; does not give the grantee any rights to the property during the grantor's lifetime. |
Sample Louisiana Quitclaim Deed
Browse a sample Louisiana quitclaim deed below. You can tailor it to your needs using our document editor and download it as a PDF or Word file.
