Nebraska Quitclaim Deed Requirements

Nebraska quitclaim deeds are used to convey property between individuals. They differ from other types of Nebraska deeds in that they only convey the seller’s, or grantor’s, interest without warranty or guarantee of title or ownership. Typically, you would use a quitclaim deed to:

• Add or remove a spouse or other family member from the property title
• Deed the property to a business owned by the grantor
• Transfer property ownership to a former spouse in divorce proceedings
• Establish the transfer of property to a close family as part of an estate plan
• Create a right of survivorship for the surviving co-owner
• Convey the property as part of a living trust

Legal Framework

Per Neb. Rev. Stat. § 76-203, any document that assigns or transfers real estate ownership is considered a deed and is therefore subject to legal requirements established for deeds under Nebraska statutes.

Legal Description

Every real estate deed or conveyance in Nebraska must include a clear legal description of the property. This description may include:

• Property address
• Block number
• Lot number
• Section number
• Township number
• Range number
• Quarter section
• Subdivision name 

You can typically pull the description from the existing property deed. If your description uses a plat, you may also need to include copies or page references of the plat page. Documentation requirements can differ by county, so double-check with your county clerk’s office before submitting your Nebraska quitclaim deed.

Signing

According to Neb. Rev. Stat. § 76.211, all real estate deeds must be signed by the grantor(s) and notarized consistent with Neb. Rev. Stat. § 64.205. Neb. Rev. Stat. § 76.216 further requires a written acknowledgment from the signatories that they executed the document voluntarily. 

If the home is co-owned by a spouse and used as a homestead, Neb. Rev. Stat. § 40-104 requires the co-owner or spouse also to sign the quitclaim deed voluntarily.

Terminology

Neb. Rev. Stat. § 76.206 clarifies the effect of language in a real estate deed. Specifically, it states that the grant that conveys real estate automatically implies that the grantor has good title to the property being conveyed. 

However, the deed’s language can indicate the limitations on the grantor’s ownership or responsibility for the title. This is an important distinction for quitclaim deeds, which specifically limit the grantor’s potential liability for ownership or title issues.

Additional Documents

Neb. Rev. Stat. § 76.214 requires all real estate deeds, including Nebraska quitclaim deeds, to be filed with a completed Real Estate Transfer Statement (Form 521). In addition, you must submit a check with the appropriate filing fees as outlined in Neb. Rev. Stat. § 33-109. 

Filing

Under Neb. Rev. Stat. § 76.237, all deeds and other documents that convey real estate, including Nebraska quitclaim deeds, must be filed with the register of deeds in the county where the property is located. 

Validity Requirements

Neb. Rev. Stat. § 23-1503.01 dictates validity requirements for a Nebraska quitclaim deed submitted for recording. Guidelines include the following:

• Formatting: Forms must include at least 3 inches of blank space at the top of the first page and one-inch margins on the sides and bottom of each page.
• Printed forms: Forms must be printed in black ink on 8 1/2 in. x 14 in. white paper.
• Legibility: Forms must be legible and able to be copied with a font size of at least eight points. 
• Signatures: Forms must be signed legibly in black or blue ink. Electronic or digital signatures are acceptable. The name of each signer must be printed, typed, or stamped below their signature.

Each county may have different submission, formatting, or document requirements. Contact your county register of deeds before you file to avoid unnecessary complications. 

Content Requirements

Nebraska quitclaim deeds must also meet certain content conditions, including:

• Document title and return address: Per Neb. Rev. Stat. § 23-1510, the deed must include the document’s title and a return address on the first page immediately below the 3 in. blank space. 
• Grantor and grantee names: A Nebraska quitclaim deed must include the name of the property seller, or grantor, and the person receiving the property, the grantee. 
• Indexing information: Per Neb. Rev. Stat. § 23-1508, the quitclaim deed must include indexing details, including the grantors, grantees, date of filing, date of the deed, type of deed, and a description of the real estate property. 
• Consideration: Nebraska law does not require the deed to state consideration exchanged for the property in a quitclaim deed. However, it is wise to include it so you have legal documentation of the exchange.
• Vesting statement: The quitclaim deed should include a statement indicating that the grantor is conveying their interest in the property to the grantee. This is where you indicate that the quitclaim releases the grantor of liability for title or ownership issues.

Quitclaim Deeds vs. Other Property Transfer Methods