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.
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.