A Nevada quitclaim deed lets you update or modify information on a property title without guaranteeing a free and clear title. Common uses of quitclaim deeds include:
- Transferring property to an ex-spouse in divorce proceedings
- Conveying property to a beneficiary from an estate after the owner’s death
- Transferring property from the property owner to a business owned by the same person
- Adding a spouse to the deed of homestead property as part of a joint tenancy with a right of survivorship
- Conveying a gift of real estate to a close family member
Unlike a standard warranty deed, a quitclaim deed allows the seller to convey the property without liability for any issues that may arise with the property title. Quitclaim deeds are typically used when the owner or grantor, wishes to transfer property to the grantee with little or no financial consideration.
Legal Framework
Nev. Rev. Stat. § 111.105 establishes legal grounds for using a deed to convey real property to a new owner. The term “quitclaim deed” is clearly defined under Nev. Rev. Stat. § 375.100.
Legal Description
Nevada real estate transfers require a clear legal description of the property being conveyed, per Nev. Rev. Stat. § 111.312. Although you can use an assessor’s parcel number as part of the legal description, it cannot be the full legal description of the real property. Other ways to identify the property include:
- Street address
- Subdivision name
- Lot and block in a platted subdivision
- Parcel number
- Metes and bounds
Generally, the description must be clear enough that an independent surveyor can locate and identify it. If the legal property description is in metes and bounds, you must also include on the deed the name and address of the person who prepared the description. However, if you pull the legal description from the existing deed or title, you only need to identify the source document, not the person who created the legal description.
Signing
The current owner, or grantor, must sign the quitclaim deed when transferring real estate, per Nev. Rev. Stat. § 111.105. Each signer’s name must be printed or typed underneath the original signature, according to Nev. Rev. Stat. § 247.190.
Signatures authorizing the transfer of real estate property must also be witnessed and certified by a notary, in accordance with Nev. Rev. Stat. §§ 111.240, 240.161, and 240.169.
Nev. Rev. Stat. §§ 240.1655, 240.166, and 111.310 clearly outline the requirements for notarizing real estate documents, including stamps, certificates, and acknowledgment language.
If the property is owned by a married couple, both spouses must sign the deed, per Nev. Rev. Stat. § 123.230.
Terminology
When creating a quitclaim deed in Nevada, Nev. Rev. Stat. § 111.170 states that the use of the words “grant,” “bargain,” or “sell” can be construed as a guarantee that:
- The grantor has not conveyed the same title or any interests therein to another person
- The property is free of all encumbrances done, made, or suffered by the grantor or the grantor’s agents
These terms go against the fundamental intent of a quitclaim deed, which conveys property with no guarantees about title or ownership. Instead of using the above terms, your document should specifically note that the quitclaim deed grants the property without warranty or guarantee. The term “quitclaim and release” is often used.
Additional Documents
Per Nev. Rev. Stat. § 375.060, a Nevada quitclaim deed must include a declaration of value created by the State of Nevada Department of Taxation [1]. You can obtain a copy of this form from the county recorder in the county where the property is located. Alternatively, you can find the form on the Department of Taxation’s website [2].
Filing
Per Nev. Rev. Stat. § 111.312, all real estate transfer documents must be filed with the county recorder in the county where the property is located [3]. This includes quitclaim deeds.
Validity Requirements
Nevada quitclaim deed laws are very specific when it comes to formatting. State document requirements, including quitclaim deeds, are listed under Nev. Rev. Stat. § 247.110. To be valid, your deed should:
- Be printed on white 20-pound paper, 8 ½ in. by 11 in.
- Have 1 in. margins on both sides and the bottom of each page
- Have a 3 in. by 3 in. space at the top right of the first page
- Have 1 in. margins on the top of every subsequent page
- Be unbound on the top, sides, and bottom
- Not have documents physically attached to the document
- Be printed on only one side of each page
- Be typed in 10-point Times New Roman text or larger
- Not include colored markings or highlighting on the document
- Not include a seal or stamp that covers text or signature in the document
Your county recorder may have additional requirements for form submission. Check with your county recorder’s office before submitting your documents to be sure you meet all the
Content Requirements
Nevada laws are comprehensive when it comes to deed content. Each Nevada quitclaim deed must include the following information:
- Title: While Nevada laws do not stipulate specific document title requirements, you should include a title describing the document for easy recording and indexing, per Nev. Rev. Stat. § 247.150.
- Assessor’s Parcel Number (APN): Clearly note the APN on the top left corner of the first page of the deed.
- Grantor and grantee: Include the names of all parties involved in the real estate transfer.
- Mailing address: Your Nevada quitclaim deed must include the grantee’s mailing address for tax statements. The first page should also include the new owner’s return address for the clerk to return the deed after recording.
- Legal description: Include a legal description of the property being conveyed, consistent with Nev. Rev. Stat. § 111.312.
- Vesting language: Include a clause conveying the property along with appropriate quitclaim and release language.
- Redacted information: Per Nev. Rev. Stat. § 239B.030, certain sensitive personal information should be redacted from the document unless required by law.
Some counties in Nevada also require an affirmation in the body of the quitclaim deed. Double-check with your county recorder before completing the form to avoid missing critical details.
Quitclaim Deeds vs. Other Property Transfer Methods
Quitclaim Deed | Conveys property to the new owner without guarantees about title and ownership. The grantee is liable for any issues that arise regarding ownership and title defects. |
Grant, Bargain, and Sale Deed | Per Nev. Rev. Stat. § 111.170, transfers property to the new owner with a guarantee that the grantor owns the property, they have not conveyed it to anyone else, and the title is free and clear of liens and encumbrances. The grantor can modify the terms to exclude certain disclosed defects or title issues that arose before they owned the property. |
General Warranty Deed | Conveys property to the new owner with guarantees of a clear title, regardless of when issues arose. A general warranty deed holds the grantor accountable for any title problems that arise. |
Title Insurance | Per Nev. Rev. Stat. § 61A.090, title insurance protects the grantee from damages or losses suffered due to liens, encumbrances, and title defects when a property transfer, such as a quitclaim, does not guarantee a free and clear title. |
Estate Planning Deeds | Life estate and deeds upon death, also called transfer on death (TOD) deeds allow the grantor to transfer property upon their death without going through probate. |
Co-Ownership | Tenancy in common (Nev. Rev. Stat. § 111.060), joint tenancy (Nev. Rev. Stat. § 111.065), and community property (Nev. Rev. Stat. § 123.220) allow property transfer between co-owners upon the death of one owner. |