Because of the lack of a warranty, which provides extra assurance that the title on the property is clear and has no known liens or encumbrances, quitclaim deeds are typically used to transfer property between entities who know one another: family real estate gifts or purchases, for example.
Quitclaim deeds can also be used for some types of business property transfers, such as moving property between a parent and child company, or to faciliate the transfer of marital property following a divorce.
Legal Framework
Statute
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.
Transfer Tax
Ohio assigns a $1 transfer tax fee per every $1000 of property value. Individual counties also have the right to assign their own transfer taxes.
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
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. |
