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Home Legal Documents Quitclaim Deed Montana

Free Montana Quitclaim Deed

Use our Montana Quitclaim Deed to release your rights and ownership claims over property you’re selling or gifting.

Updated September 2, 2022 | Legally reviewed by Susan Chai, Esq.

If you want to give up your interest in a property located in Montana, you can use a Montana (MT) Quitclaim Deed.

Quitclaim deeds differ from general warranty deeds, which guarantee that the grantor (seller) is the rightful owner and has the legal title to the property.

A quitclaim deed doesn’t have this guarantee and only transfers whatever interest the grantor has in the property.

These deeds are appropriate 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.

Table of Contents
  • Important Laws & Requirements
  • How to Write & File a Quitclaim Deed in Montana
  • Montana Quitclaim Deed Sample

Important Laws & Requirements

The following are important laws and requirements for quitclaim deeds in Montana.

Laws

Montana Code Annotated Title 70, Chapter 21 

Document Requirements

Montana Code Annotated § 7-4-2636 sets out the requirements for recording documents.

These requirements state that the document must:

  • list the names of the parties on the first or second page (if more than one page)
  • include the description of the property
  • contain signatures in blue or black ink
  • have at least 3 inch top margin on the first page, at least 1 inch on the top of subsequent pages, at least 1 inch on the bottom of each page and at least one-half inch on the sides of each page

Signing

Per Montana Code Annotated § 70-21-203, the quitclaim deed must be signed in the presence of a notary public and acknowledged.

Recording

Per Montana Code Annotated § 70-21-208, parties must record the quitclaim deed with the County Clerk and Recorder of the county where the property is. There will be a recording fee along with the deed. 

Realty Transfer Certificate

Per Montana Code Annotated § 15-7-305, Parties must file a Realty Transfer Certificate 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

Take the following steps to write and file a quitclaim deed in Montana.

Step 1 – Obtain the Montana Quitclaim Deed Form

Download an electronic copy of the Montana quitclaim deed from Legal Templates in whatever format you’d prefer to work with.

Step 2 – Write in Preparer’s Details

Fill out the “prepared by” section with the preparer’s name, address, state, and zip code.

Step 3 – Enter ‘Return To’ Information

Fill out the “after recording return to” section with the name and mailing address where you’d like the recorded deed sent.

Step 4 – Note Consideration

If any money is changing hands for this transfer, 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 5 – Write Grantor Details

Identify the grantor (the person giving up the property) and the grantee (the person receiving the property) by putting their names in the appropriate spaces. Put both the grantor’s and grantee’s addresses beside their names.

Step 6 – Fill in Legal Description

When describing the property in the “description” section, be as detailed as possible.

Suppose the property description does not include enough detail. In that case, the County Clerk and Recorder may not be able to cross-reference it with the other recorded documents in the chain of title.

This could potentially lead to title disputes in the future.

Ideally, your description should include the address, Parcel ID number, and a legal description of the property. If there isn’t enough room on the form to describe the property, you may attach it to a separate document.

Step 7 – Sign Before a Notary Public

In the presence of a notary, the grantor must sign and print their name at the end of the quitclaim deed.

The notary will then list the county where the parties signed the act, the names of any parties in attendance, and the date of signature.

This goes in the designated areas before the notary stamps the document with a seal.

Step 8 – File the Quitclaim Deed

Next, submit the signed and notarized quitclaim deed to the County Clerk and Recorder in the county where the property is.

Each county has established its processes for accepting and recording quitclaim deeds, so it’s essential 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 recording the quitclaim deed, the County Clerk and Recorder returns copies to anyone who included their information in the “after recording return to” section.

Montana Quitclaim Deed Sample

Below is an example of what a Montana quitclaim deed looks like.

Montana Quitclaim Deed Sample

montant quitclaim deed
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