What is a Maine Quitclaim Deed?
A Maine (ME) quitclaim deed is a legal document by which the grantor gives up his or her legal right and title to a specific property.
Quitclaim deeds are frequently used when a property is being passed down among family members or when one divorcing spouse wishes the other to keep the marital home.
While a warranty deed guarantees that the grantor has the legal right and title to the property being conveyed, a quitclaim deed makes no such guarantee. Though quitclaim deeds can sometimes be referred to as a “quick claim,” “quit claim,” or “quit claims” deed, “quitclaim” is correct.
Important Laws & Requirements
- Laws: Maine Revised Statutes Title 33, § 161.
- Signing: A Maine Notary Public or an officer of the court must witness the grantor’s signing of the quitclaim deed. See MRS Title 33, § 203.
- Recording: The signed, notarized quitclaim deed should be recorded with the County Registry of Deeds in the county in which the property is located.
- Real Estate Transfer Tax: This tax is based on the value of the property being transferred, assessing $2.20 for each $500 in value of the property being transferred. For example, transferring a $100,000 Maine property would generate $440 in transfer tax. This tax is equally split between the grantor and the grantee. The transfer tax must be filed with the quitclaim deed. You can file this tax online or using the RETTD form.
How to Write & File a Quitclaim Deed in Maine
Step 1: Download an electronic copy of the Maine quitclaim deed from Legal Templates in your preferred document format.
Step 2: Fill out the “prepared by” section with the preparer’s name, address, state, and zip code. The preparer does not necessarily need to be a party to the transaction; however, if someone other than the grantor or grantee is preparing the form, it’s important to disclose this information in case there later is a dispute over the transfer.
Step 3: Fill out the “after recording return to” section with the mailing address name where you’d like the Maine County Registry of Deeds to send a copy of the recorded deed.
Step 4: After the section “State of Maine,” put the name of the county the property is located in.
Step 5: In the appropriate spaces, put the name(s) of the grantor (the person giving up their legal claim to the property) and, if applicable, the grantee (the person receiving legal claim to the property). If the property being quitclaimed is jointly owned, all owners must be listed as grantors. For grantors who are married to each other, the quitclaim deed can convey property that one spouse owns in which the other spouse has an interest.
Step 6: If this quitclaim transaction requires the grantee to pay the grantor, put the dollar amount of any payment into the relevant section and list out the grantor’s and grantee’s names. When you’re listing the payment amount, be sure to include both the written and numerical versions.
Step 7: Before the phrase, “Maine to-wit,” list the county in which the property is located.
Step 8: In the blank spaces near the end of the middle paragraph, you’ll need to put the property’s description. The more detailed the better, so include the address, the legal description, plot numbers, and any other information that can potentially identify the property.
Step 9: Each grantor must sign the quitclaim deed, provide their address below the signature, and have a notary public witness the signature. If more space is needed, you can attach a separate document with the additional grantors’ signatures or add an extra column to the quitclaim document. After the deed has been signed, the notary will fill in all the information necessary to confirm that the notarization is valid.
Step 10: File the completed Maine quitclaim deed without covenant to the County Registry of Deeds in the county in which the property is located. Because each county has its own policies, procedures, and even recording fees, you’ll want to familiarize yourself with any changes before you head down to the Registrar’s office. Review the statewide website for the Registry of Deeds to get more information on your local office.