What is an Ohio Quitclaim Deed?
An Ohio quitclaim deed is a legally binding way to transfer ownership of a property from one party (the grantor) to another (the grantee), without hiring a lawyer.
Sometimes this document is mistakenly called “quickclaims deed” or “quick claims deed.” The name quitclaim literally describes the fact that one party is quitting the property, or giving up their ownership.
If you’re transferring a property without any exchange of monies (e.g., one family member to another or to relinquish rights to a shared property), the quitclaim offers a cost effective way to do that.
While a quitclaim deed is used to expedite the transfer of ownership among known parties, a warranty deed is recommended when you’re buying a property from someone you don’t know personally. The main difference is that there is no verification of ownership in a quitclaim deed. There is no legal recourse if the seller were dishonest about their interest in the property.
Important Laws & Requirements
- Laws: § 5301.01 and § 5302.11
- Signatures: The deed must be signed by both parties, but you do not need a witness signature in Ohio.
- Notarization: Quitclaims must be notarized by a notary public.
- Transfer Tax: There is a transfer tax that needs to be paid to the Deed Transfers Department in the county where the property is located. The fee is based on the property value.
- Recording: The signed deed must be recorded. Once it’s filed with the recorder’s office in the proper county, the transfer is legal. If it’s not recorded, the deed alone does not officially transfer the property because there’s no record of it.
How to Write & File a Quitclaim Deed in Ohio
Step 1: Download the OH quitclaim deed form. The form can be printed and filled out in black ink or digitally.
Step 2: Fill out the form with the following information – grantor name and address, grantee name and address, property county and legal description, any exchange of money for the property must be included, verification if the property is a homestead.
Step 3: Write the address to mail the deed. Fill out the name and address where the deed should be delivered once the recorder’s office has finished recording the deed.
Step 4: Write the preparer’s contact information. List the name and address of the person who prepared the document.
Step 5: Have the deed signed and notarized. In Ohio, you need to have the quitclaim deed signed by both parties and notarized by a notary public.
Step 6: File the deed at the Recorder’s Office. The deed must be filed at the Recorder’s Office in the county where the property is located to finalize the transfer. You would also need to pay any county fees for the quitclaim deed processing.
Step 7: Pay the deed transfer tax. The tax is based on the property value at the time of transfer and must be paid to the Deed Transfer Department.