An Ohio quitclaim deed allows property transfer without title guarantees or claims against it, often used among related individuals, like in a divorce, preventing future disputes. Learn more about creating a valid Ohio quitclaim deed.
How to File
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 – Gather All Information and Paperwork
There are several things you may need to fill out an Ohio quitclaim deed and ensure that you have legally completed the transaction. These may include:
- The current title to the property, which will include the legal description, the owner, and other relevant information you may need to include in your quitclaim deed
- An Ohio quitclaim deed template
- Form DTE 100 or Form DTE 100(EX), if needed
By collecting all paperwork before you begin, you can make the paperwork much faster and easier to complete, which can help you feel more confident about the outcome of the transaction.
As you gather information, look up the county in which the property is located to determine whether the county assesses an additional transfer tax. While Ohio does have a state transfer tax of $1 per $1,000 of property value, each county has the right to assess its own transfer tax, which can add to the tax burden the grantor will face when selling the property.
Step 2 – Fill Out the Quitclaim Deed
If you are using a template, make sure you fully fill out all information in the template or omit information that does not apply to your specific real estate transaction. Failure to include that information may mean that the notary will not stamp the deed or that the County Recorder’s Office will not accept it. Do not sign or date the deed until in the presence of a notary.
Step 3 – Have the Document Notarized
Under Ohio Stat. § 5301.01(A), the grantor will need to sign the quitclaim deed in the presence of a notary and have the document notarized in order for it to be valid.
Step 4 – Take the Quitclaim Deed to the Relevant County Recorder’s Office
In order 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 Ohio Stat. § 5301.25. Make any needed 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 starts at $34 for a simple one-page document. You can expect to pay $8 for additional pages.
Costs and Fees
In Ohio, expect recording fees when filing a quitclaim deed, and be mindful of potential conveyance taxes. Being prepared for these expenses can help you avoid any last-minute issues.
Filing Fees
Ohio charges a base filing fee of $34 for the first page of a document. If you have additional pages, you will need to pay an extra $8 for each page.
Taxes
Both the grantor and the grantee can face potential tax implications related to the transfer of property. Working with a tax professional will ensure that both parties are familiar with their obligations.
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.
Who Pays the Conveyance Fee?
The grantor, or the former owner of the property, is typically responsible for paying the conveyance fee on the property.
Exemptions to the Conveyance Fee
Ohio lays out several exemptions to transfer taxes or 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 Ohio state government
- Gifts from one spouse to another
- Gifts from parents to their children or the child’s spouse
- Survivorship transfers
- Property tales 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 $1000
- 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.
US Gift Tax
The United States 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.
Capital Gains Tax
The United States capital gains tax assesses a tax 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 assesses its own capital gains tax, which the grantor should take into account when deciding to sell or transfer a property.
Ohio Quitclaim Deed Requirements
Ohio law requires quitclaim deeds to follow certain procedures and formatting rules. Taking the time to understand these steps will help you complete your transfer confidently.
Legal Framework
Ohio Code §§ 5301 and 5302 cover the terms of quitclaim deeds. Ohio Stat. § 5302.11 offers sample language for a quitclaim deed.
Signing Requirements
Ohio Stat. § 5301.01(A) notes that quitclaim deeds must have the grantor’s signature and be notarized in order to be considered valid.
Recording and Filing
Under Ohio Stat. § 5301.25, quitclaim deeds should be filed with the County Recorder’s Office in the county where the property is located. Ohio charges a recording fee of $34 for the first page of a document and $8 for each page after that [1, 2].
Additional Documents
Under Ohio Stat. § 319.54(G)(3), to demonstrate fee payments or exceptions, you must prepare either Form DTE 100 or Form DTE 100(EX) before recording the deed.
Validity Requirements
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.
Under Ohio Stat. § 317.114, quitclaim deeds may need to meet some of the same basic formatting requirements as other documents. These may include:
- Standard sized paper, including a minimum of 8 1/2 x 11″ and a maximum of 8 1/2 by 14″.
- 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
If the quitclaim deed does not fit those requirements, it may not be accepted by the County Recorder’s Office.
Content Requirements
Ohio Stat. § 5302.11 lays out suggested language for a quitclaim deed, including all of the information that needs to be included in the document. This data includes:
- The name, address, and marital status of the grantor
- The consideration paid for the property
- The name and address of the grantee
- The name and address of the grantor’s spouse, if relevant
- A legal description of the property
- Signatures from the grantor and, if needed, the grantor’s spouse
A quitclaim deed that does not contain this information may not be considered valid.
Quitclaim Deeds vs. Other Property Transfer Methods in Ohio
The critical element that differentiates a quitclaim deed from other types of property transfers is the warranty. While other types of property transfers include a warranty that protects the new owner of the real estate, a quitclaim deed does not convey those promises.
Both grantor and grantee should carefully consider what the loss of that protection could mean when deciding whether to move forward with a quitclaim deed transfer.
| Quitclaim Deed | Transfers property without warranty, facilitating swift changes like adding or removing a spouse post-marriage or divorce, exchanging property among trusted family members, or between interconnected business entities, and correcting title inaccuracies such as misspellings. This expedited process bypasses the need for a thorough title search, but offers less protection to the grantee, limiting recourse for future property issues. |
| Limited Warranty Deed | Transfers property with a limited warranty, covering only the period the grantor owned the property, known as a special warranty, covenant, or grant deed. Common in foreclosures and bank sales, it offers protection to both buyer and seller, potentially facilitating faster, smoother transfers than those with general warranties. However, the grantee assumes risk for any liens or encumbrances predating the grantor's possession, introducing some risk with the transfer. |
| Survivorship Deed | Transfers real estate to the surviving co-owner upon the death of an owner, streamlining property transfer and avoiding probate, ensuring the property remains with the current co-owners. This method only transfers the deceased grantor's interest post-death. |
| Transfer on Death (TOD) Affidavit | Designates a beneficiary to inherit real estate upon the current owner's death, streamlining inheritance and avoiding probate, ensuring a smooth transition. The current owner can revoke the Transfer on Death (TOD) affidavit at any time, limiting the grantee's recourse if the grantor revokes the title. |
Sample Ohio Quitclaim Deed
View a free sample Ohio quitclaim deed below. You can update the template with your property details and download a final copy as a PDF or Word file.
Frequently Asked Questions
What are the risks of using a quitclaim deed in Ohio?
Using a quitclaim deed in Ohio comes with risks primarily because it offers no warranties about the title’s quality. The grantee receives only the interest the grantor has, if any, which means any existing liens, claims, or encumbrances on the property transfer along with the deed.
The grantee has no recourse against the grantor if problems with the title arise later. It’s advisable to conduct a thorough title search before accepting a quitclaim deed to understand any potential issues with the property’s title.
Is a lawyer required for a quitclaim deed in Ohio?
Hiring a lawyer is not legally required to create or file a quitclaim deed. However, consulting with a legal professional is highly recommended, especially in complicated situations.
A lawyer can provide valuable advice on the implications of transferring property, ensure the deed meets all legal requirements, and help navigate any potential risks associated with the property’s title.
How does a quitclaim deed affect a mortgage in Ohio?
In Ohio, a quitclaim deed transfers only the ownership interest of the property and does not affect the mortgage on the property. If the grantor has a mortgage, they remain responsible for it after the transfer.
If the intent is to transfer both the property and the responsibility for the mortgage to the grantee, this requires the lender’s approval, typically through a process known as mortgage assumption. It’s important to communicate with the mortgage lender to understand the options and requirements.
Can a quitclaim deed be used to transfer property to a family member in Ohio?
Yes, a quitclaim deed is commonly used in Ohio to transfer property between family members. This method is often chosen for its simplicity and because it does not involve the warranties typically associated with a warranty deed.
When transferring property to a family member, it’s essential to consider the potential tax implications and ensure that the transfer complies with local laws and regulations.
