Free Ohio Quitclaim Deed Form

OH Rev Code § 5302.11 provides the suggested language for a quitclaim deed. As long as your form contains substantially the same language, it will be valid and enforceable. Here are the key elements as mandated by Ohio state law:

• Grantor’s name, marital status, and address
• Grantee’s name and tax mailing address
• Statement of conveyance (clarifying that no covenants are involved)
• Consideration paid
• A release of dower rights, or the spouse’s claim to the property
• Date of execution
• Grantor’s signature

An Ohio quitclaim deed should not contain any reference to a warranty or promises related to the title of the property. The new owner of the property will assume all risks related to liens or encumbrances. If the deed contains references to a warranty, it is not a quitclaim deed.

View an example of a blank Ohio quitclaim deed so you know what elements to include and how to word your conveyance of property. Write yours with Legal Templates, then download it in PDF or Word format.

OH Rev Code § 317.114 provides the guidelines for formatting deeds, including quitclaim deeds. These basic requirements include the following:

• Standard-sized paper, including a minimum of 8 1/2 x 11″ and a maximum of 8 1/2 by 14″
• Legible print size that has a font size of at least 10
• Blue or black ink only
• No highlighting
• 1″ margins on the bottom and sides of the page
• 3″ margin on the top of the first page for certifications and endorsement
• 1 1/2″ margins on top of any further pages in the document

Filing a quitclaim deed in Ohio is a simple process once you understand the requirements. Completing the form accurately and recording it on time ensures your transfer is official.

Step 1 – Obtain the Original Deed

Procure the original deed to the property. This document will help you record important details, including the legal description and the grantor’s name and address. If you can’t locate a copy of the original deed, contact your local county recorder’s office.

Step 2 – Fill Out the Ohio Quitclaim Deed Form

Legal Templates’s Ohio quitclaim deed form captures all of the essential information. Go through our guided questionnaire to add the details related to your real estate transaction.

Step 3 – Have the Document Notarized

Under OH Code Stat § 5301.01(A), the grantor must sign the quitclaim deed in the presence of a notary and have the document notarized for it to be valid.

Step 4 – Complete Additional Forms

Depending on your transaction, a quitclaim deed may not be the only form you need to complete. You must prepare one of the two following forms before recording your deed:

• If you have to pay a conveyance fee, complete Form DTE 100 (Real Property Conveyance Fee Statement of Value)
• If you’re exempted from the conveyance fee under OH Rev Code § 319.54(G)(3), complete Form DTE 100(EX) (Statement of Reason for Exemption from Real Property Conveyance Fee)

As the grantor, you must also complete Form DTE 101 if the grantee requests a homestead exemption.

Step 5 – Record the Deed

To ensure that the quitclaim deed is recorded properly, take it to the County Recorder’s Office in the county where the property is located, as per OH Rev Code § 5301.25. Make copies of the new deed before submitting it.

When you submit the deed at the County Recorder’s Office, you will need to arrange to pay the recording fee for that document, which is discussed below.

Ohio charges a base filing fee of $34 for the first page of a quitclaim deed. If you have additional pages, you will need to pay an additional $8 per page. In addition to filing fees, an Ohio quitclaim deed comes with potential taxes:

1. Property Conveyance Fees

Ohio lays out real property conveyance fees for the transfer of real estate. The state charges $1 for each $1,000 of property value when the property is sold or transferred. Ohio counties have the right to add an extra conveyance fee or tax of up to $3 per $1,000 of property value, so you should research the county where the property is located to make sure you are familiar with local fees for your property transfer.

Exemptions to the Conveyance Fee

Ohio lays out several exemptions to conveyance fees. The grantor should consult a tax professional to ensure that they fully understand their tax obligations, especially if they believe that they may fall under an exemption. Ohio property conveyance fee exemptions include:

• Sales to or from the US government or the Ohio state government
• Gifts from one spouse to another
• Gifts from parents to their children or the child’s spouse
• Survivorship transfers
• Property sales that are intended to release security for a debt or delinquent taxes
• Sales or transfers to or from nonprofit organizations
• Sales or transfers without significant monetary value in consideration for the property, when the transaction is not a gift
• Easement or right of way transfers with a value of less than $1,000
• Transfers into or out of trusts

A careful evaluation of these exemptions can help both grantor and grantee determine whether they may be able to avoid the conveyance fees charged by Ohio.

2. US Gift Tax

The US gift tax is a tax assessed when a gift of significant monetary value is given. Gift taxes often apply in cases of real estate transfers, including those governed by a quitclaim deed, when the real estate is given as a gift. This includes cases of real estate gifts between family members. Gift taxes are often paid by the grantor, but the parties involved can make arrangements to have the gift tax paid by the grantee.

Ohio does not assess its own gift tax, so only the federal gift tax requirements will apply to your property transfer.

3. Capital Gains Tax

Federal capital gains tax is assessed on the increased value of a substantial investment, including an investment in real estate, when that property is sold. Real estate tends to grow in value over time, which means that in many cases, it is worth much more on sale than it was when it was originally purchased.

The capital gains tax includes some exemptions for a person or family’s primary residence, as long as they lived in that house for at least two of the last five years or moved because of a government assignment.

Ohio does not have a separate capital gains tax. Instead, it taxes capital gains the same way it taxes regular income. At the federal level, you may be able to exclude capital gains from the sale of your primary residence if you meet certain ownership and use requirements. If the gain is excluded from your federal income, it is generally not subject to Ohio income tax either.