What Is a Maryland Quitclaim Deed?
A Maryland quitclaim deed is a legal document used to transfer whatever ownership interest someone has in a property to another person. The grantor (person giving the property) does not promise that they own the property or that the title is free of issues. The grantee (the person receiving the property) receives only the interest the grantor has, if any.
In Maryland, property interests can be transferred using a written deed. Under the Maryland Real Property Code § 3-101, a deed can be used to convey real property as long as it meets state requirements and is properly recorded. Since a quitclaim deed form does not confirm ownership, it is most commonly used where the parties already know and trust each other. For example:
- Between family and friends
- When adding or removing a spouse or a former spouse from a deed
- When moving property into a trust
A quitclaim deed is most effective when the goal is simply to transfer an existing interest, without any assurances about ownership. Read our guide on the different types of deeds for transferring property to see which deed fits your situation best.
Requirements for a Maryland Quitclaim Deed Form
Maryland has clear rules for what to include in a quitclaim deed form before it is recorded. Meeting these requirements can help you avoid delays and make sure it is filed without issues.
Party Information and Property Description
A Maryland quitclaim deed should clearly identify all parties involved and the complete legal description of the property being transferred. The legal description should match the most recent deed recorded. Be sure to include:
- The full legal names and address of the grantor and grantee
- The name and address of the document preparer, whether that is the grantor or an attorney
- A return mailing address for the recorded deed
- The county where the property is located
- The property street address
- The lot or plot number (if applicable)
Formatting Rules
Unlike other states, Maryland does not have state-specific language requirements for quitclaim deeds. However, the deed must be in writing, legible, and clearly show the grantor’s intent to transfer their interest in the property.
Notarization and Witness Rules
In Maryland, quitclaim deeds must be properly signed and notarized for them to be accepted and recorded. Under the Maryland Real Property Code § 4-101:
- The grantor must sign the deed
- The signature must be acknowledged before a notary public
- Witnesses are not required
- The grantee does not need to sign the deed
Recording and Intake Sheet Requirements
To be accepted for recording in Maryland, a quitclaim deed must be submitted with a completed Land Instrument Intake Sheet. This form is used to assess transfer and recordation taxes, if any. Maryland law requires a quitclaim deed to be recorded with the clerk of the circuit court in the county where the property is located (Maryland Real Property Code § 3-104).
Sample Maryland Quitclaim Deed
Take a look at a sample Maryland quitclaim deed form below to see what details to include. Then use our guided questionnaire to customize and download yours in PDF or Word format.
How to File a Quitclaim Deed in Maryland
Filing a quitclaim deed in Maryland requires you to follow certain steps, such as preparing the deed, signing it correctly, and submitting the required documents to the proper county office. By following these steps, you ensure that your deed is accepted and recorded without delays:
Step 1 – Complete the Maryland Quitclaim Deed Form
Fill out the quitclaim deed form with all the required information. You can use a Legal Templates’s free Maryland quitclaim deed form to save time. Just follow our step-by-step questionnaire and create your form with the appropriate details in minutes.
Step 2 – Sign the Deed in Front of a Notary
The grantor must sign the quitclaim deed in the presence of a notary public. Maryland does not require witnesses, and the grantee does not need to sign the deed.
Step 3 – Complete the Certificate of Preparation
Maryland requires a “Certificate of Preparation” to accompany the quitclaim deed. This clarifies who prepared the document and whether the preparer is an attorney or the parties making the transfer. If the party is not an attorney, they will declare their status as grantor or grantee. After signing, the preparer must also print their name.
Step 4 – Complete the Land Instrument Intake Sheet
A completed Land Instrument Intake Sheet must accompany the quitclaim deed when submitting for recording. Be sure to fill one out and submit it with your Maryland quitclaim deed.
Step 5 – Submit the Documents to the Circuit Court Clerk
File the signed quitclaim deed, certificate of preparation, and land instrument intake sheet with the clerk of the circuit court in the county where the property is located.
Maryland Quitclaim Deed Costs and Fees
Filing a quitclaim deed in Maryland requires you to pay recording fees and taxes. Here are some costs you should be aware of before filing your deed:
Recording Fees
The fee is set by law and varies slightly depending on the county you’re filing in, as well as the page count of the deed. Under Maryland Real Property Code § 3-601, a “page” means one side of a sheet of paper, even if only part of the page is used. In most cases, the recording fees are as follows:
- $20 for a deed that is 9 pages or fewer
- $75 for a deed that is 10 pages or more
- $20 total for a deed involving only a principal residence, regardless of length
The fees apply before any additional taxes are calculated. The clerk typically collects the fee when the deed is submitted for recording. If you are unsure how many pages your deed includes or whether it qualifies as a principal residence, you can confirm it with your local circuit court clerk before filing.
Transfer and Recordation Taxes
In addition to recording fees, you may also have to pay transfer and recordation taxes when recording your quitclaim deed in Maryland. These taxes are usually based on the consideration listed on the deed or the property’s value. Depending on the county, an additional county-level transfer tax may also apply (Maryland Tax–Property Code § 13-101, Maryland Tax–Property Code § 12-105).
Tax Exemptions That May Apply
Some quitclaim deeds in Maryland may qualify for a full or partial tax exemption. Common examples include:
- Transfers between spouses
- Transfers between parents and children
- Certain gifts or estate-related transfers
Maryland lists available exemptions under Maryland Tax–Property Code § 12-108. Whether an exemption applies depends on the details of the transfer and the manner in which the deed is completed. The clerk of the circuit court can help confirm eligibility at the time of filing.
Federal Tax Considerations
Maryland does not have a state gift tax, but federal tax rules may apply in limited situations. A quitclaim deed may require federal gift tax reporting if property is transferred without payment. Capital gains tax usually does not apply at the time of transfer, but may apply later if the property is sold.