Ohio law provides for different types of deeds to transfer property. With a quitclaim deed, you (the grantor) can transfer real property but make no promises about the title or whether anyone else has a claim to the property.
That means the person you transferred the property to (the grantee) cannot sue you later if a third party has a better claim to the property.
For this reason, quitclaim deeds are often used to transfer real property between related individuals, as might happen in a divorce. Read more information about writing a valid quitclaim deed under Ohio law.
Ohio Quitclaim Deed Laws and Requirements
Under Ohio law, a quitclaim deed must be in writing, contain a legal description of the property, and meet specific signing and acknowledgment requirements. The deed must be recorded along with payment of recording fees and transfer taxes.
The Ohio Revised Code Chapters 5301 and 5302 cover the laws governing deeds in Ohio. Chapter 5301 contains the laws about real property sales and transfers, and Chapter 5302 has laws about specific types of deeds, including quitclaim deeds.
In a quitclaim deed, use the property’s complete legal description which is not the same as the property’s street address. You should include the property’s street address, lot number, subdivision, original lot number, acreage, and parcel number. The legal description is available from the County Auditor’s office or you can refer to previous deeds. The legal description controls if there are any discrepancies.
Under Ohio Revised Code Section 5301.01(A) a quitclaim deed must be signed by the grantor (the person transferring the property). Without the grantor’s signature, the deed is invalid.
Ohio Revised Code Section 5301.01(A) also provides that a notary public or certain other public officials must acknowledge the grantor’s signature.
A statutory form for a quitclaim deed is provided in Ohio Revised Code Section 5302.11.
_______________ (marital status), of __________ County, _____________________ for valuable consideration paid, grant(s) to __________________, whose tax-mailing address is __________, the following real property:
(description of land or interest therein and encumbrances, reservations, and exceptions, if any)
Prior Instrument Reference: Volume _______, Page ______
_______________, wife (husband) of the grantor, releases all rights of dower therein.
Executed this _______________ day of ___________
(Signature of Grantor)
Ohio tax law imposes a transfer tax and conveyance fee on transfers of real property. Most counties require the real property conveyance fee to be paid to the appropriate County Auditor.
There are a few exceptions to the transfer tax, including transfers between spouses. The amount paid for a real property conveyance fee is based on the sales price or the property value and the property’s location.
The state imposes a tax of $1 per $1,000 in property value, and the county can charge up to $3 per $1,000 in property value. For example, in Franklin County, the tax is a total of $3 per $1,000 in property value, of which $1 goes to the state, and $2 goes to the county.
Additionally, to prove that either the real property conveyance fee has been paid or the transfer falls under one of the exceptions to the fee, one of the following documents must be presented to the County Auditor’s office before recording the deed.
- Form DTE 100 – Real Property Conveyance Fee Statement of Value and Receipt
- Form DTE 100(EX) – Statement of Reason for Exemption from Real Property Conveyance Fee, if the transfer is exempt under Ohio Revised Code Section 319.54(G)(3).
Other than acknowledging the grantor’s signature, an Ohio quitclaim deed does not require witnesses.
Per Ohio Revised Code Section 5301.25, all deeds, including quitclaim deeds, should be recorded with the Office of the County Recorder in the county where the property is located.
Ohio Revised Code Section 5301.011 provides that a reference to the volume and page where the record of the deed is located should be included in the deed.
A recording fee, part of which goes to a state fund, must be paid to the County Recorder’s office.
How to Write & File a Quitclaim Deed in Ohio
Follow the steps below to write and file a quitclaim deed in Ohio.
Step 1 – Obtain Quitclaim Deed Form
Download the OH quitclaim deed form. The form can be printed and filled out in black ink or digitally.
Step 2 – Enter Grantor and Grantee Details
Fill out the form with the following information – grantor full name and address, grantee full name and address, county where the property is located, complete legal description (lot number, subdivision, original lot number, acreage), any exchange of money for the property must be included, and verification if the property is a homestead.
Step 3 – Write ‘Return To’ Information
Fill out the name and address where the deed should be delivered once the Recorder’s Office has finished recording the deed.
Step 4 – Fill in Preparer Name
List the name and address of the person who prepared the document.
Step 5 – Get Quitclaim Deed Notarized
Have the deed signed by the grantor and notarized by a notary public.
Step 6 – File Your Ohio Quitclaim Deed
File the deed and other documents with 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 will also need to pay any recording fees for the quitclaim deed processing.
Step 7 – Pay Transfer Tax and Conveyance Free
Pay the transfer tax and conveyance fee. The tax and fees are based on the sale price or the property value at the time of transfer and are typically paid to the County Auditor.
Ohio Quitclaim Deed Sample
Below is an example of what an Ohio quitclaim deed looks like.