A Maine (ME) Quitclaim Deed is a legal document by which the grantor transfers property ownership to the grantee.
Quitclaim deeds are appropriate for property transfers 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 a 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
The following are important laws and requirements regarding Maine quitclaim deeds.
Laws
Maine Revised Statutes Title 33, § 161.
Signing
The grantor must sign the quitclaim deed before a notary public, attorney-at-law admitted to practice in Maine or a court clerk. See Maine Revised Statutes Title 33, § 203.
Recording
Per Maine Revised Statutes Title 33, § 201, you should record the signed, notarized quitclaim deed with the County Registry of Deeds in the county where the property is.
Real Estate Transfer Tax
Per Maine Revised Statutes Title 36, Chapter 711-A, this tax depends on the value of the property being transferred, assessing a rate of $2.20 for each $500 of the property’s value.
For example, transferring a $100,000 Maine property would generate $440 in transfer tax. This tax applies equally, one-half on the grantor and one-half on the grantee.
The transfer tax must be filed with the quitclaim deed. You can file the Real Estate Transfer Tax Declarations (RETTD) online or using this downloadable form.
How to Write & File a Quitclaim Deed in Maine
Follow the steps below to write and file a quitclaim deed in Maine.
Step 1 – Obtain Maine Quitclaim Deed Form
Download an electronic copy of the Maine quitclaim deed from Legal Templates in your preferred document format.
Step 2 – Enter Preparer’s Information
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 essential to disclose this information in case there is a dispute later over the transfer.
Step 3 – Fill In ‘Return To’ Details
Fill out the “after recording return to” section with the name and mailing address where you’d like the Maine County Registry of Deeds to send a copy of the recorded deed.
Step 4 – Write Grantor and Grantee Name and Address
In the appropriate spaces, put the name(s) of the grantor (the person giving up their legal claim to the property) and the grantee (the person receiving legal claim to the property) and their mailing addresses.
If the property has joint ownership, all owners must be grantors on the deed. For married grantors, the quitclaim deed can convey property that one spouse owns in which the other spouse has an interest.
Step 5 – Note Consideration
If this quitclaim transaction requires the grantee to pay the grantor, put the dollar amount of any payment into the relevant section.
When you’re listing the payment amount, be sure to include both the written and numerical versions.
Step 6 – Write Legal Description
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 county where the property is, the legal description, plot numbers, and any other information that can potentially identify the property.
Step 7 – Sign and Notarize the Deed
Each grantor must sign the quitclaim deed and have a notary public witness the signature.
If you need more space, attach a separate document with the additional grantors’ signatures or add an extra column to the quitclaim document. After the parties sign the deed, the notary will fill in all necessary information to confirm that the notarization is valid.
Step 8 – File Quitclaim Deed with County
File the completed Maine quitclaim deed with the County Registry of Deeds in the county where the property is.
Because each county has its policies, procedures, and recording fees, you’ll want to familiarize yourself before heading to the local Registrar’s office.
Maine Quitclaim Deed Sample
Below, you can find what a Maine quitclaim deed typically looks like: