A Montana quitclaim deed streamlines the transfer of property between individuals, typically those with a relationship to one another.
It can make it easier to, for example, add a spouse to an existing property or remove a spouse from the deed after divorce, transfer property between relatives, or streamline the transfer of property between related corporations or companies. Following the right steps can ensure that the transfer goes smoothly.
Step 1 – Determine the Ideal Deed Method
Montana recognizes three distinct types of deeds: the quitclaim deed, a special warranty deed, and a warranty deed.
While a quitclaim deed transfer is faster than other types of deed transfers, since it requires neither discovery nor disclosure, it also provides less protection to the grantee. If you have any questions about liens or encumbrances on the property, it may prove beneficial to use another deed transfer method.
Step 2 – Gather Relevant Information
While a quitclaim deed offers a simpler transfer method than warranty or special warranty deeds, it will still need to include all relevant information. You should expect to include:
- The grantor’s name and address
- The grantee’s name and address
- The name and address of the party filling out the quitclaim deed
- The legal description of the property, including its specific location as defined by county records
- Any funds or other property exchanged for the real estate named in the transfer
Expect to fill out the quitclaim deed completely. Without all the information, the deed will not be valid.
Step 3 – Fill Out the Paperwork
Montana requires you to use a black or blue pen for any handwritten information included in the quitclaim deed. As you fill out the paperwork, make sure that it includes all relevant details and that you use a standard black or blue ink pen.
Do not sign or date the quitclaim deed as you fill it out. Mont. Code § 70-21-203 requires that the quitclaim deed be notarized. In order to notarize a legal document, the notary will require you to sign and date the deed in front of them. If you sign it ahead of time, you will need to start over in filling out the paperwork.
Step 4 – Have the Document Notarized
Find a notary. Take your government-issued ID with you for proof of identity. The notary will add their seal and signature to the document, which makes it legal.
Step 5 – Take the Quitclaim Deed to the County Clerk and Recorder
Once you have had the document notarized, you can take it to the County Clerk and Recorder. You should visit the county where the property is located, even if that is different from the county where you live and work, to ensure that the document is filed properly.
Make any needed copies of the document, including a copy for all parties involved in the transfer. Having copies on hand will provide you with proof of the transfer if something is lost or does not go through properly.
Plan to pay any fees related to the property transfer as you file the document.