If you want to convey real estate in Rhode Island without guaranteeing ownership, you can use a quitclaim deed. This document is ideal for grantors who want to modify joint ownership of property or transfer ownership to someone they know well, such as a beneficiary, ex-spouse, or family member. Ensure you understand the requirements for legally implementing this document.
Legal Framework
A quitclaim deed transfers the grantor’s title interest without warranty as to title. That is, the grantor does not guarantee they have any claim to the title they’re conveying. Quitclaim deeds are useful when the grantee knows that the grantor does own the title they are transferring, such as a divorce in which one spouse transfers ownership of a house or property to the other.
The language for a quitclaim deed is present in RI Gen. Laws § 34-11-12. Your document must contain specific language conveying the title from the grantor to the new owner. It may also include a quitclaim covenant, which lets the grantor promise to defend the new owner against any claims that originate from the grantor only (RI Gen. Laws § 34-11-18).
Legal Description
The grantor must include an accurate legal description of the property for their quitclaim deed to be valid. 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.
Consult a title company, attorney, surveyor, or another professional in your city or town to improve the accuracy of the property’s legal description.
Signing
In Rhode Island, the grantor must sign the document before a notary public (RI Gen. Laws § 34-11-1.1). Without the notary present, the quitclaim deed won’t be enforceable.
Filing
Rhode Island does not have a county recorder’s office. Grantors file quitclaim deeds and all other property transfer documents in the city or town recording office where the property is situated (RI Gen. Laws § 34-11-1). The respective office will return the document to the grantee upon recording.
For recording, a document must:
- Be an original document with all original signatures and seals.
- Have the grantor’s signature notarized.
- Have the grantee’s complete address.
If there is no consideration, the deed must contain the language “Consideration is such that no documentary stamps are required.”
When the consideration is over $100, the conveyance tax rate is $2.30 for every $500, rounded to the nearest $500 (RI Gen. Laws § 44-25-1). Refer to the Rhode Island Conveyance Tax page for the tax due.
Validity Requirements
A valid quitclaim deed appears in writing and meets all of the requirements for recording. A document that doesn’t meet recording requirements is not invalid but may not be recorded, which defeats the purpose of a quitclaim deed.
A testamentary quitclaim deed between a grantor and their heir is valid and legally binding even when not recorded or acknowledged. Such deeds are considered titles regardless of their recording status.
Failure to comply with signing requirements won’t deem the deed invalid, but the instrument’s recording fee will increase by $2 (RI Gen. Laws § 34-11-1.1).
Content Requirements
A quitclaim deed must include the following requirements at a minimum:
- 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.
Quitclaim Deeds vs. Other Property Transfer Methods
| Quitclaim Deed | Transfers the grantor's interest to the grantee without any warranties. It may include a quitclaim covenant, allowing the grantor to promise the grantee to defend against claims originating from the grantor. |
| General Warranty Deed | Provides greater protection by transferring the grantor's interest to the grantee and confirming that the title is clear. |
| Deed of Executor, Administrator, Trustee, Guardian, or Conservator | Refers to a type of deed used when an individual transfers property and acts in one of the titular fiduciary capacities. |
| Assignment of Mortgage | Transfers a mortgage loan associated with a property from one lender or mortgage holder to another. |
