A Maryland quitclaim deed is a useful tool that a property’s owner can use to transfer real interest in a property to another party. With a quitclaim deed, the property’s owner (grantor) does not guarantee the buyer (grantee) that they have a good title or own the property. If a buyer and seller want the property to have a warranty on the title, they need to use a warranty deed.
A quitclaim deed works best in cases where the two parties know each other well, such as when transferring property between family members or into a trust for estate planning needs.
How to File
Filing a quitclaim deed in Maryland involves more than just signing a form. From entering accurate property and party details to preparing the required intake sheet, each step plays a role in making sure your deed is legally accepted and properly recorded.
Step 1 – Obtain Maryland Quitclaim Deed Form
Download the appropriate quitclaim deed form. You can use a Maryland-specific quitclaim deed template to ensure the format and contents follow all applicable state laws. You may also decide to hire a Maryland property attorney to guide you throughout this process.
Step 2 – Enter Preparer’s Details
The preparer of the document may be the grantor or a qualified attorney. Under “Prepared by,” the preparer should enter their name and address.
Step 3 – Enter Grantor’s Details
Enter the full, legal name of the person who is giving the property, known as the grantor. Then, enter their mailing address.
Step 4 – Enter Grantee’s Details
Enter the full, legal name of the person who is receiving the property, known as the grantee. Then, enter their mailing address. Note that the document should be returned to the grantee after filing, unless you would like it to go elsewhere.
Step 5 – Fill in Consideration
After the words “in consideration of the sum of” in the main content portion of the deed, add the amount paid, if any, for the property. First, write out the words, then add the numeric value in the parenthesis after the words. You may choose to record a nominal amount here, which is a small symbolic amount of money like $10.
Step 6 – Note Property Legal Description
Provide the property’s county. Then, write the property’s legal description, including its address, plot number, and complete property description noting uniquely identifying elements of the property. Find the description on the previous property deed and add a second document including this more in-depth description as an attachment.
Step 7 – Preparer Signs the Form
In the “Preparer’s Certification” section, the person who prepared the document must enter their status and signature. 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 8 – Grantor Signs the Form in Front of a Notary Public
The grantor must sign the document in the presence of a notary public who certifies the authenticity of the signature.
Step 9 – Prepare Land Instrument Intake Sheet
Prepare a land instrument intake sheet, which must accompany a Maryland quitclaim deed. The land instrument intake sheet requires the preparer or grantor to fill out information like:
- The type of deed attached
- Tax exemptions and calculations
- New and existing mortgage amounts
- The property purchase price and consideration
- Calculation of all related filing fees
- An in-depth description of the property’s location, type, size, tax information, and more
- Names of the grantor(s) and grantee(s) involved
- Any other names to be indexed in regard to the deed
- Contact information for preparer, whether that be the grantor or an attorney
- Answers to questions about the assessment of the land
According to the form, both the original deed and a photocopy must accompany it in order for it to be properly processed and filed.
Step 10 – File Documents with Circuit Court Clerk
Submit the completed, signed documents with the Maryland clerk of the circuit court in the property’s county, along with any appropriate fees.
Costs and Fees
Filing a quitclaim deed in Maryland comes with a mix of state and county costs. From recording fees to transfer taxes—and potential federal tax implications—knowing what expenses to expect can help you plan ahead and avoid delays.
Filing Fees
Quitclaim deed filing fees in Maryland currently include both a base fee and a surcharge fee. Maryland land and property recording fees may differ by county, but are generally as follows:
| Service | Amount |
|---|---|
| A legal document involving only a principal residence, other than a release. | $60 |
| A legal document that is less than nine pages, other than a release or a document involving only a principal residence. | $60 |
| A legal document that is more than 10 pages, other than a legal document involving only a principal residence. | $115 |
| A release that is less than 9 pages. | $50 |
The above amounts include a $40 surcharge fee added on top of base prices for all recordable legal documents involving land except power of attorney, notice of sale, plats, and financing statements to be recorded in financing only.
Taxes
Many different types of taxes affect quitclaim deed filers in Maryland. Transfer taxes at the state and county level and recordation taxes may apply.
1. Documentary Transfer Tax (DTT)
Deeds transferring property require state and county transfer taxes (MDC Tax Prop. § 13-101) and state recordation tax differing by amount for each county (MDC Tax Prop. § 12-105).
The state transfer tax rate is 0.5% of the consideration, or value/purchase price, of the property. For deeds to a first time Maryland home buyer, the state transfer tax rate lowers to 0.25%.
Who Pays the Transfer Tax?
While in many other states, it’s customary for the grantor to cover taxes, splitting taxes between the two parties may be the better option in Maryland. Since more taxes apply to quitclaim deeds in the state, grantors and grantees can each pay an equal amount of the total taxes to make the process more affordable. However, either party can pay more or less taxes if agreed upon in a written contract.
Exemptions to Transfer Tax
See Tax Property Article, §13-207 for exemptions from tax. Some transfers are exempt from certain taxes, such as gifts of property to parents, children, or spouses (MDC Tax Prop. § 12-108).
The state itself, and many counties, also offer lower tax rates to certain groups — particularly first time home buyers. If this applies to your situation, check with your local Maryland county clerk of the circuit court to see if a lower transfer tax rate is available to you.
Tax Rates
While recordation tax amounts differ from county to county, their rates are decided at the state level. Some Maryland counties have their own transfer taxes on top of the state transfer tax, while others do not.
| County | Recordation Tax | County Transfer Tax |
|---|---|---|
| Allegany | $0 to $500 = $3.50; $500.01 to $1,000 = $7.00 | 0.5% of purchase price ($50,000 exemption if owner-occupied) |
| Anne Arundel | $7 per each $1,000 of consideration, rounded up to the nearest $500. | 1% on transactions up to $999,999.99; 1.5% for transactions of $1,000,000 or more. |
| Baltimore City | $5 per each $500 (or fraction thereof) of consideration. | 1.5% of consideration. |
| Baltimore County | $2.50 per each $500 (or fraction thereof) of consideration. | 1.5% of consideration. |
| Calvert | $5 per each $500 of consideration, rounded up to the nearest $500 | None |
| Caroline | $5 per each $500 of consideration, rounded up to the nearest $500 | 0.5% of consideration |
| Carroll | $5 per each $500 of consideration | None |
| Cecil | $4.10 per each $500 of consideration, rounded | 0.5% of consideration |
| Charles | $5 per each $500 of consideration | 0.5% of consideration |
| Dorchester | $5 per each $500 of consideration, rounded up to the nearest $500 | 0.75% of consideration (The first $30,000 of the consideration is exempt if the buyer is an owner occupant and the document is submitted with an affidavit of owner occupancy) |
| Frederick | $7 per each $500 of consideration | None |
| Garrett | $3.50 per each $500 of consideration | 1% of consideration |
| Harford | $6.60 per each $1,000 of consideration | 1% of consideration |
| Howard | $2.50 per each $500 (or fraction thereof) of consideration | 1.25% of consideration |
| Kent | $6.60 per each $1,000 of consideration | 1% of consideration |
| Montgomery | $8.90 per each $1,000 of consideration, rounded up to the next increment of $500 up to $500,000 | 1% of consideration |
| Prince George's | $5.50 per each $1,000 of consideration | 1.4% of consideration |
| Queen Anne's | $4.95 per each $500 of consideration | 0.5% of consideration |
| St. Mary's | $4 per each $500 of consideration | 1% of consideration |
| Somerset | $3.50 per each $500 (or fraction thereof) of consideration | None |
| Talbot | $6 per each $500 of consideration, rounded up to the nearest $500 | 1% of consideration |
| Washington | $3.80 per each $500 (or fraction thereof) of consideration | The first $50,000 of consideration is exempt, tax is 0.5% of remaining consideration |
| Wicomico | $3.50 per each $500 (or fraction thereof) of consideration | None |
| Worcester | $3.30 per each $500 of consideration, rounded up to the next higher $500 | 0.5% of purchase price ($50,000.00 exemption if owner-occupied) (If you pay agricultural tax the county tax does not apply to that portion of the property) |
2. US Gift Tax (Form 709)
Maryland does not have a state gift tax, so grantors need only consider the federal gift tax. To find out how much US gift tax is owed from a quitclaim deed or if you are exempt, complete IRS form 709.
3. Capital Gains Tax
Maryland has both short- and long-term capital gains taxes. The US also has federal capital gains taxes.
Since the federal gift taxes only apply if a property is sold for more than it was purchased for, and quitclaim deeds often involve little to no exchange of money, this may only come into effect when the grantee decides to sell the property later. IRS Topic No. 409 and IRS Publication 551 both discuss the topic in detail.
Maryland Quitclaim Deed Requirements
Maryland has clear rules for creating and filing a quitclaim deed. From legal descriptions to notary requirements and filing steps, understanding what’s needed helps ensure your deed is accepted and properly recorded.
Legal Framework
Maryland quitclaim deed requirements are covered in Maryland Code (MDC) Real Property (Prop.) Tit. 3 – Recordation. Other relevant sections exist throughout both the Real Property and Tax – Property articles of the Maryland Code.
Legal Description
The legal description of a property transferred by a Maryland quitclaim deed should include:
- The property’s county
- Its address
- Its plot number
- A description matching the one on the most recent deed, containing unique identifiers
Signing
According to MDC Real Prop. § 4-101, signature requirements for quitclaim deeds completed in Maryland include:
- The grantor, or giver of the property, must sign the document in front of a notary public
- The grantee, or receiver of the property, does not need to sign the document
Terminology
Unlike other states, no state-specific language requirements exist in Maryland for quitclaim deeds.
Additional Documents
To submit a quitclaim deed to the clerk of the circuit court, you must first complete a land instrument intake sheet to determine transfer and recordation tax, if any.
Filing
Per MDC Real Prop. § 3-104, you must file Maryland quitclaim deeds with the clerk of the circuit court in the property’s county. Each county has recording fees, and some require a municipal lien release fee.
Validity Requirements
In order to be accepted by the clerk of the circuit court in the county where the property resides, a Maryland quitclaim deed must:
- Identify the property properly — by county, address, plot number, and legal description
- Contain the grantor’s official signature, completed in front of a notary public
- Have a completed land instrument intake sheet attached
Content Requirements
The content portion of a quitclaim deed for Maryland must additionally contain the following information:
- The preparer’s details, whether this is the grantor or the attorney
- Where to send the document after it has been filed (usually to the grantee)
- The grantor’s details, including name and address
- The grantee’s details, including name and address
- How much money, if any, will be exchanged during the transfer
- Signature of the preparer, identifying them as either grantor or attorney (not needed to be completed in front of a notary)
Quitclaim Deeds vs. Other Property Transfer Methods in Maryland
| Quitclaim Deed | A quitclaim deed is a reliable method for easily transferring property between people who know each other, like family members, in non-complex situations. It offers no protection against title defects, so it should not be employed between two parties who do not know or trust one another or in more complex property transfer situations. |
| Grant Deed | A grant deed is employed to offer more protection against title issues than a quitclaim, but less than a warranty deed. It guards against the grantor having already transferred the property to a party outside of the grantee. It also provides guarantees against the possibility that the grantor burdened the property with any debts or legal claims. |
| Warranty Deed | A general warranty deed provides the greatest protection to the grantee of all available deed options, while a specialty warranty deed provides a medium level of protection. The general warranty guards against any title defects during the entirety of the title's existence by any previous owners, while the specialty warranty guards against any defects imposed by the grantor. |
| Title Insurance | A grantee can purchase a title insurance policy, either directly from the grantor or from a Maryland title insurance company, in order to protect themselves from title defaults not guarded against in the deed. This is a useful supplement to a quitclaim deed in order to better protect the grantee's interests. |
| Estate Planning Deeds | In Maryland, transfer on death deeds, or TODDs, are permissible. By filling out a TODD in Maryland, a person who is elderly or ill can protect their right to own and use their property until death, while also recording who their property should go to when they die. Essentially, it deeds the property to the chosen person or entity as soon as the grantor passes away. |
| Co-Ownership | Maryland co-ownership laws allow for three different situations of real property co-ownership: (1) tenancy in common, (2) joint tenancy, and (3) tenancy by the entirety. Joint tenants, often spouses or a parent and child, hold an undivided interest in the property. Tenants in common each own a share of the property, with no right to survivorship. Tenants by entirety are spouses that each own an undivided interest in the property with no right to survivorship. |
Sample Maryland Quitclaim Deed
View a sample Maryland quitclaim deed below. You can easily fill it out using our online editor, then download your document as a Word file or PDF.
Frequently Asked Questions
What are the main uses of a quitclaim deed in Maryland?
In Maryland, quitclaim deeds are primarily used for transferring property between family members, as part of divorce settlements to transfer ownership of marital property, for adding or removing someone’s name from the property title (e.g., after marriage or divorce), and for clearing up a cloud on title such as a discrepancy in the property’s legal description.
They are not commonly used for sales transactions as they do not guarantee the grantor holds clear title to the property.
Can a quitclaim deed be used to transfer property to a joint tenant upon death in Maryland?
Yes, in Maryland, a quitclaim deed can be used to transfer property to a joint tenant upon the death of one of the owners. This is often used for estate planning purposes, allowing property to pass to the surviving joint tenant without going through probate.
However, it’s important to note that using a quitclaim deed for this purpose may have tax implications and does not provide the same level of warranty as other forms of property transfer deeds. Consulting with a legal professional is recommended to ensure the deed is executed correctly and to understand the implications.
Are there any specific considerations for using a quitclaim deed in Maryland?
When using a quitclaim deed in Maryland, it’s crucial to understand that such deeds transfer ownership without any guarantees that the grantor has clear title to the property. This means the grantee receives whatever interest the grantor has, which might be none. Therefore, they are not recommended for transactions where the buyer requires certainty about the title.
Additionally, the parties should consider potential tax implications, including transfer and recordation taxes. Legal advice is highly recommended to navigate these aspects and to ensure compliance with Maryland’s specific requirements for executing and recording the deed.
What is the difference between a quitclaim deed and a warranty deed in Maryland?
The primary difference between a quitclaim deed and a warranty deed in Maryland is the level of protection afforded to the buyer (grantee). A warranty deed guarantees that the grantor holds clear title to the property and has the right to transfer it, offering protection against any title defects.
Conversely, a quitclaim deed transfers whatever interest the grantor has in the property without any warranties regarding the title’s quality. Thus, warranty deeds are typically used in sales transactions, while quitclaim deeds are used for transfers where the level of trust between parties is high and no money is exchanged.
