What is a Montana Quitclaim Deed?
If you want to give up your claim on a property located in Montana—or want someone else to give up their claim on a property in which you have an interest—you need a Montana (MT) quitclaim deed.
Quitclaim deeds are different from general warranty deeds, which guarantee that the grantor has the legal right and title to the property. A quitclaim deed doesn’t have this guarantee but can transfer any interest the grantor does have in the property.
These deeds are often used for transactions between family members or ex-spouses in which no money changes hands. Quitclaim deeds are sometimes (incorrectly) referred to as a “quick claim,” “quit claim,” or “quit claims” deed.
Important Laws & Requirements
- Laws: MCA 70-20-101 et seq.
- Required Language: The deed must contain language that parallels, “I, [name], in consideration of … dollars paid, grant to [name] all the real property situated in [name of county], state of Montana, described as follows: [description]. Witness my hand this [day] of [month], 20__.”
- Signing: (MCA 70-21-203) The quitclaim deed must be signed in the presence of a notary public and notarized.
- Recording: After the quitclaim deed is signed and notarized, it must be recorded with the County Clerk and Recorder of the county in which the property is located.
- Realty Transfer Certificate: (MCA 15-7-300) A Realty Transfer Certificate must be filed with the County Clerk and Recorder along with the quitclaim deed. Failure to file this certificate can result in a penalty of up to $500.
How to Write & File a Quitclaim Deed in Montana
Step 1: Download an electronic copy of the Montana quitclaim deed from Legal Templates in whatever format you’d prefer to work with.
Step 2: Fill out the “prepared by” section with the preparer’s name, address, state, and zip code.
Step 3: Fill out the “after recording return to” section with the mailing address name where you’d like the recorded deed to be sent.
Step 4: After the section “State of Montana,” put the name of the county the property is located in.
Step 5: If any money is changing hands, put the dollar amount in the relevant section. When adding the payment amount, include both the written and numerical versions in the spaces provided.
Step 6: Identify the grantor (the person giving up their claim to the property) and the grantee (the person receiving the claim) by putting their names in the appropriate spaces. Put both the grantor’s and grantee’s addresses below their names.
Step 7: When describing the property in the “description” section, be as detailed as possible. If the property isn’t described in enough detail, the County Clerk and Recorder may not be able to cross-reference it with all the other recorded documents in the chain of title, potentially leading to title disputes down the road. Ideally, your description should use the address, Parcel ID number, and any legal description of the property. If there isn’t enough room on the form to describe the property, you may attach it on a separate document.
Step 8: In the presence of a notary, the grantor must sign and print their name at the end of the quitclaim deed and add their address beneath their signature. The notary will then list the county in which the deed was signed, the names of any parties in attendance, and the date of signature in the areas designated on the form before stamping it with their notary seal.
Step 9: The signed, notarized quitclaim deed must then be submitted to the County Clerk and Recorder of the county in which the property at issue is located. Each county has established its own processes for accepting and recording quitclaim deeds, so it’s important to research your county’s requirements before making a trip down to the Clerk’s office. Most Montana counties have this information listed on their websites, but if not, or if you have questions the website doesn’t answer, you can call the Clerk during office hours. After the quitclaim deed is recorded, copies will be returned to anyone who included their information in the “after recording return to” section.