Free Rhode Island Quitclaim Deed Form

RI Gen Laws § 34-11-12 outlines the form of a quitclaim deed. It generally includes the following elements:

• A statement of conveyance
• The names of the grantor and the grantee
• Information about the property being transferred, including the physical address, parcel, and legal description
• The amount of consideration (purchase price) or a statement saying the grantee didn’t provide consideration
• The signatures of the parties
• The signature and stamp of the notary

View an example of a Rhode Island quitclaim deed to get an idea of how to structure your warranty-free property transfer. Then, create your own using Legal Templates’s guided questionnaire. Once you input your details, you’ll be able to download the final deed in PDF or Word format.

Confirm with your city or town’s recording office to learn the formatting requirements for your Rhode Island quitclaim deed. For example, the city of Newport requires a 1″x1″ space at the top of each page and a 2″x2″ space on the last page of the document for proper recording.

A valid RI quitclaim deed is in writing and meets all recording requirements. A document that doesn’t meet recording requirements is not invalid but may not be recorded, which defeats the purpose of a quitclaim deed.

Failure to comply with signing requirements (having the parties’ names typed or printed beneath their signatures) won’t deem the deed invalid, but the instrument’s recording fee will increase by $2 (RI Gen Laws § 34-11-1.1).

Filing a quitclaim deed in Rhode Island is straightforward with the right preparation. Completing and recording the deed properly helps make the transfer official.

Step 1 – Obtain the Original Deed

Ask the current owner for a copy of the original deed. If the original deed is unavailable, you can obtain a copy from your city or town property recorder’s office.

Refer to the original deed to verify a match between the deed’s property description and the legal description of the property in the recorder’s office. Rhode Island has no specific requirements for this description in its statutes, but it should include metes and bounds, lot and block, and references to other public records.

Step 2 – Complete the Quitclaim Deed Form

Use the statutory form or something similar, such as Legal Templates’s form, to complete your quitclaim deed in Rhode Island. When you use our template, you can ensure that you provide all essential details.

Step 3 – Complete a Property Disclosure Statement

Write a property disclosure statement to reveal any material defects, ensuring to abide by RI Gen Laws § 5-20.8-2. This way, the grantee will know the condition of the property they plan to accept.

Step 4 – Sign Before a Notary

Sign the form in front of a notary public with proper identification per RI Gen Laws § 34-11-1. The Rhode Island Department of State has resources for finding a notary public if you need help locating one.

Step 5 – File With the Appropriate Office

File the documents at the recorder’s office in the appropriate city or town. Pay the associated real estate conveyance tax and filing fees. While there are standard state fees that everyone has to pay, you may pay additional fees depending on your city or town’s guidelines.

The recorder’s office will issue the deed to the grantee when it finishes the recording process. The grantor should obtain and keep a copy for their records.

In Rhode Island, quitclaim deed transactions often require payment of recording fees and certain taxes. Understanding these costs will help you budget properly for your property transfer.

Filing Fees

It costs $84 to file the first page and an additional $1 for every subsequent page (RI Gen Laws § 34-13-7 and RI Gen Laws § 42-8.1-20).

Taxes

State- and federal-level taxes may apply when using an RI quitclaim deed.

1. Real Estate Transfer Tax

The real estate transfer tax applies to every deed or other instrument that conveys an interest in real estate. The grantor must pay $2.30 per $500 or each fraction thereof (RI Gen Laws § 44-25-1). The tax is $1.40 per $500 for mobile or manufactured homes. The seller or grantor must pay the tax unless there is a contrary agreement with the purchaser or grantee.

Exemptions to the Transfer Tax

The grantor doesn’t have to pay transfer tax for a Rhode Island quitclaim deed in the following circumstances:

• The grantor gives the deed to secure a debt.
• The grantor is the United States, Rhode Island, or a political subdivision thereof.
• There is a qualified sale of a manufactured or mobile home community to a resident-owned organization (outlined in RI Gen Laws § 31-44-1).
• The transfer occurs among partners, members, or owners in a real estate company with respect to an affordable housing development (only relevant when specific conditions are met).

2. US Gift Tax

The grantor pays gift taxes (using Form 709) on any property transfer involving zero consideration. The gift tax will apply even if the grantor didn’t intend the transfer to be a gift, such as an inheritance. The grantor typically pays the tax, but the grantee may pay if the parties agree. Properties may be subject to partial exclusion.

3. Capital Gains Tax

Both state and federal governments may impose taxes on property transfers via quitclaim deeds. The tax is assessed at the sale of the property by the grantee and could be substantial, depending on their basis and the sale price.

Rhode Island treats capital gains tax as ordinary income, so individuals can expect to be taxed between 3.75 and 5.99% (RI Gen Laws § 44-30-2.6).

Additionally, federal capital gains taxes may apply. The IRS outlines capital gains tax information in Topic No. 409. The grantor must pay any associated capital gains tax if they sell the property for more than what they acquired it for. Grantees must pay capital gains tax if they later sell the property acquired through an RI quitclaim deed.