What Is a North Dakota Quitclaim Deed?
A North Dakota quitclaim deed transfers property without guaranteeing a clear title. Quitclaim transfers commonly occur between parties who have mutual trust or agreements. Divorce settlements or transfers between family members often use quitclaim terms. It may also be used to fund a living trust or correct title information.
Legal Templates’s free North Dakota quitclaim deed makes it easy to change property ownership. Use our forms to complete easy, secure transfers.
What to Include In a North Dakota Quitclaim Deed
Quitclaim deeds in North Dakota require accurate and specific information about the property and the parties involved. Include the following elements in your quitclaim deed to ensure effective transfers and records:
- Grantor and grantee: Provide the full legal names and addresses of the grantor, who gives away their ownership, and the grantee, who receives it.
- Property description: ND Cent Code § 11-18-05 requires a deed to include a legal property description, which can be copied from the original deed. Include the county, metes and bounds, and property boundaries.
- Quitclaim terms: Use the word “quitclaim” in the terms of the agreement or ensure a lack of warranty language to distinguish your form from a warranty deed.
- Statement of consideration: If the grantee made a payment in exchange for property ownership rights, the deed should include a statement of consideration. This is generally a nominal amount, such as $10, to reflect the transaction without disclosing the property’s full value.
- Signatures and notarization: North Dakota requires a quitclaim deed to have the grantor’s signature and a notary acknowledgment. If a notary is unavailable, the grantor may sign before a witness in accordance with ND Cent Code § 47-19-22.
Sample North Dakota Quitclaim Deed
Legal Templates’s free North Dakota quitclaim deed includes customizable and compliant terms for property transactions. Use our downloadable form in PDF or Word format.
How Much Does a North Dakota Quitclaim Deed Cost?
The final cost of a quitclaim deed in North Dakota varies depending on the property value and applicable taxes. Consider each of the following factors to determine the exact cost.
Filing Fees
After creating a quitclaim deed, file your form with the County Recorder of the county in which the property is located. ND Cent Code § 11-18-05 outlines standardized filing fees for the state, including:
- $20 for documents containing one to six pages
- $65 for documents containing seven to twenty-five pages
- $3 for each additional page beyond twenty-five pages
If a document lists more than ten sections of land, an additional $1 fee per extra section applies. Additional fees may also apply if the document does not meet margin or formatting requirements.
Gift Taxes
North Dakota has no state-level gift taxes; however, quitclaim deeds in the state are subject to federal gift taxes. The federal gift tax applies to any gifted property value that exceeds the IRS limit of $19,000 a year, or $38,000 for married couples. Typically, the donor pays these taxes and should file Form 709 to assess and pay the applicable fees.
Capital Gains Taxes
North Dakota taxes capital gains from property transfers as income. If you make a profit from the transaction, count it as income and file it with your annual taxes. These funds will be taxed at the state’s normal income rate, depending on your tax bracket.
In addition, the federal capital gains tax applies if the property is sold for significantly more than you purchased it for. These tax rates can range from 0 to 15%, or up to 20% for high-income individuals, depending on the property value and your taxable income.
