Free Maine Quitclaim Deed Form

A Maine quitclaim deed is a legal document by which the grantor transfers property ownership to the grantee. The form is appropriate for property transfers among family members or when one divorcing spouse wishes the other to keep the marital home.

Table of Contents

• How to File
• Costs and Fees
• Maine Quitclaim Deed Requirements
• Quitclaim Deeds vs. Other Property Transfer Methods in Maine
• Sample Maine Quitclaim Deed

How to File

Filing a quitclaim deed in Maine involves several key steps. From securing the current deed to including required disclosures and submitting the completed form, following the correct process helps ensure the property transfer is legally recorded without delays.

Step 1: Secure a Copy of the Property Deed

You will need a copy of the current property deed to proceed with your quitclaim deed. You may already have access to the deed if you are the property owner. If not, you can contact the current owner or register of deeds in the county where the property is located.

Step 2: Identify the Legal Property Description

Locate the property’s legal description on the current deed. It should include the city, town, or unincorporated property location per Me. Stat. tit. 33 § 651. The legal property description is required for recording purposes. If the property is a condominium or other unit, include the land description and unit identification number, per Me. Stat. tit. 33 § 570.

Step 3: Create a Property Disclosure Statement

Me. Stat. tit. 33 § 173 requires the grantor to provide certain property disclosures when selling real estate to a new owner. These disclosures address important system details about heating, insulation, water supply, and waste disposal. Additionally, they advise of the presence of hazardous materials, known defects, and public access to the property.

Step 4: Complete Your Maine Quitclaim Deed Form

Once you have the property description, you can create a quitclaim deed form in compliance with the following Maine Registry of Deeds requirements:

• 1 ¾ in. margin on top of first page
• ¾ in. maximum side margins
• 1 ½ in. bottom margin on last page
• Minimum 10-point Times New Roman font
• Maximum paper size 8 ½ in. x 14 in.
• Legibly printed or typed in dark ink on white paper so it can be reproduced using microfilm, photocopies, and other recording methods
• Adequate space for recording information, per Me. Stat. tit. 36 § 653

You can pull statutory language for a quitclaim deed without covenants from Me. Stat. tit. 33 § 775(4). Per Me. Stat. tit. 33 § 761, you do not need to use the exact wording. Use precise terms that do not imply covenants or warranties.

In addition, you should include the following details:

• Full name of grantor (Me. Stat. tit. 36 § 653)
• Full name and mailing address of grantee (Me. Stat. tit. 33 § 456)
• Granting language (Me. Stat. tit. 33 § 775(4))
• Details regarding co-ownership, if applicable (Me. Stat. tit. 33 § 159)
• Printed name of each signer under their respective signatures (Me. Stat. tit. 33 651-A)

Although Me. Stat. tit. 33 § 353-A states that deeds do not require a statement of consideration, it is wise to include consideration details for legal and tax purposes.

Step 5: Execute the Deed in the Presence of a Notary or Authorized Agent

For the document to be valid, the grantor must sign the quitclaim deed in the presence of a notary or other approved individual, per Me. Stat. tit. 33 § 203. The names of each signer must be printed or typed clearly below their signatures.

Step 6: File the Quitclaim Deed

All deeds must be recorded with the register of deeds in the county where the property is located, in accordance with Me. Stat. tit. 33 § 201. You can find your county register on the Register of Deeds website. Due to its size, Aroostook County is divided into northern and southern districts.

Costs and Fees

Quitclaim deeds aren’t just about paperwork—there are fees and taxes to consider, too. From standard recording charges to state transfer taxes and potential federal filings, knowing what to expect can help you budget and file without surprises.

Recording Fees

When you record your quitclaim deed with the register of deeds in the county where the property is located, you will be asked to pay a recording fee. The fee structure is set forth under Me. Stat. tit. 33 § 751. The typical recording fees are:

• $19.00 for the first recorded page
• $2.00 for each additional recorded page or portion of a page
• $1.00 per name if more than four names are indexed, counting all grantors and grantees
• $3.00 county surcharge for certain registered documents

Taxes

Maine assesses a transfer tax for all real estate transfers based on the property value.

1. Transfer Tax

The transfer tax must be paid within 30 days of the property transfer. You can pay the tax online using the Real Estate Transfer Tax Declarations (RETTD) service or download the form and submit it directly to the state tax assessor.

Who Pays the Transfer Tax?

Transfer tax is divided equally between the grantor and grantee and must be paid within 30 days of the transfer.

Exemptions to Transfer Tax

Exemptions to Maine declaration of value and transfer tax are listed under Me. Stat. tit. 36 § 4641-D. They include:

• Property transfers by or to the US government, the state of Maine, or any agencies or subdivisions thereof
• Deeds discharging a mortgage
• Deeds partially releasing a mortgage
• Deeds modifying, correcting, or supplementing a previously recorded deed without consideration
• Deeds dated before October 1, 1975
• Deeds distributing property in probate, per Me. Stat. tit. 18-C
• Transfer-on-death deeds

Deeds exempt from transfer tax and declaration of value requirements must list the specific exemption and reference the appropriate law on the deed itself.

Tax Rates

Per Me. Stat. tit. 36 § 711-A, real estate transfers are subject to a transfer tax equal to $2.20 for each $500 of property value. The property value is based on the declaration of value in the RETTD form. Even conveyances for nominal consideration are subject to this tax.

2. US Gift Tax (Form 709)

Maine does not have a gift tax. Gifts of real estate transferred via quitclaim deed may be subject to federal gift tax if they exceed the annual exclusion established by the Internal Revenue Service (IRS). If you gifted property over the annual exclusion amount, you can pay gift tax with your annual tax return using Form 709.

3. Capital Gains Tax

Maine taxes capital gains as regular income. If the grantor of a real estate property via a quitclaim deed profits from the exchange, they may owe long- or short-term capital gains depending on the amount of profit, ownership duration, and annual income.

The IRS may also charge a capital gains tax with rates based on the same terms. If you are unsure whether you owe capital gains tax, consult a local tax professional or real estate attorney. They can help you determine whether you owe and guide you through the process.

Maine Quitclaim Deed Requirements

Maine law sets specific requirements for preparing a valid quitclaim deed. Using the correct legal terms, including a clear property description, and following state-specific signing and formatting rules helps ensure the deed is accepted for recording.

Legal Framework

Maine quitclaim deed laws provide the language, usage, and effect of quitclaim deeds when transferring property or updating an existing recorded deed. Me. Stat. tit. 33 § 161 establishes the legal foundation for quitclaim deeds in Maine.

Quitclaim deeds can be created with or without covenants. A quitclaim deed with covenant provides a limited warranty for title defects that occurred during the grantor’s ownership. On the other hand, one without covenant provides no title or ownership warranty.

Legal Description

Per Me. Stat. tit. 33 § 651, a quitclaim deed must include a legal description of the conveyed real property. This description should include the city, town, or unincorporated location of the property.

For units of property, a deed’s property description must include the following per Me. Stat. tit. 33 § 570:

• Description of the land consistent with Me. Stat. tit. 33 § 569
• Date and record of declaration
• Identification number on the unit, along with floor plan references
• Percentage of undivided interest in common areas

You can usually pull the legal description from the property’s existing deed or title. If you pull the details from a recorded document, consider noting the source in your quitclaim deed for the sake of continuity.

Signing

All quitclaim deeds must be signed by the grantor in the presence of a notary, judge, or attorney licensed to practice in Maine, in accordance with Me. Stat. tit. 33 § 203. The deed must be signed in the presence of the notary, who will record, sign, and stamp their acknowledgment.

Per Me. Stat. tit. 33 651-A, the name of each signer must be printed or typed under their signature.

Terminology

Me. Stat. tit. 33 § 775(4) provides statutory language for quitclaim deeds used in real estate transactions. According to Me. Stat. tit. 33 § 761, the statutory language is not required. However, a quitclaim without covenants should incorporate terms like “quitclaim” and “release” rather than “grant” or “sell” to avoid implied warranty of title.

Additionally, a quitclaim deed should clarify that the property is released “without covenants” or use similar language to eliminate the grantor’s liability for ownership issues or title defects. Avoid terms that imply warranties or covenants.

Additional Documents

According to Me. Stat. tit. 33 § 173, the grantor must provide a property disclosure statement about the following:

• Water supply system
• Insulation
• Heating system or heating source
• Waste disposal system
• Hazardous materials
• Known defects
• Access to the property

Filing

Per Me. Stat. tit. 33 § 201, you must submit the fully executed quitclaim deed to the register of deeds in the county where the property is situated. Aroostook County, which encompasses most of northern Maine, has a northern and southern registry of deeds.

Validity Requirements

A quitclaim deed submitted for recording must meet the following formatting requirements per the Maine Registry of Deeds:

• Margin of 1 ¾ in. on top of first page
• Side margins of ¾ in. maximum
• Bottom margin of 1 ½ in. on last page
• Font size no smaller than 10-point Times New Roman
• Paper size no larger than 8 ½ in. x 14 in.
• Printed or typed in black ink on white paper, or the equivalent that can be reproduced legibly
• Adequate space for recording information, per Me. Stat. tit. 36 § 653

Some county registries may have different requirements, but these guidelines establish a standard that can be used across all. If you have questions about the formatting requirements in your county, contact your local register of deeds.

Content Requirements

The following information must be entered on a quitclaim deed to ensure appropriate indexing:

• Grantor’s full name (Me. Stat. tit. 36 § 653)
• Grantee’s full name and address (Me. Stat. tit. 33 § 456)
• Conveyance language (Me. Stat. tit. 33 § 775(4))
• Co-ownership details (Me. Stat. tit. 33 § 159)

Per Me. Stat. tit. 33 § 353-A, deeds do not have to include a statement of consideration to be valid. However, if consideration is exchanged, it is wise to include the amount in the deed to help with tax assessments and legal claims.

Quitclaim Deeds vs. Other Property Transfer Methods in Maine

Sample Maine Quitclaim Deed

Take a look at the sample Maine quitclaim deed below. Customize it with our easy-to-use editor, then download your completed form as a PDF or Word file.

maine-quitclaim-deed-template