What Is a South Carolina Quitclaim Deed?
A South Carolina quitclaim deed is a legal document that transfers the grantor’s interest to the grantee without promises. Under this deed, the grantor isn’t responsible for any encumbrances or liens on the property. The grantee accepts full responsibility and has limited options for recourse if the property owner’s title is of poor quality.
Therefore, it’s best to use a South Carolina quitclaim deed for parties who know each other well. It may be helpful when adding a spouse to the deed, correcting mistakes on the title, or gifting property.
A South Carolina quitclaim deed goes into effect when executed, and it does not expire. Ownership goes to the grantee permanently, unless an issue is later discovered with the deed.
What to Include in a South Carolina Quitclaim Deed
Here are some of the key South Carolina quitclaim deed requirements to keep in mind as you write yours:
- Date of the agreement
- Grantor’s name and mailing address
- Grantee’s name and mailing address
- Consideration
- “Prepared by” statement
- Words of conveyance
- Legal description of the property being transferred (including the Deed Book and Page Numbers and the Parcel ID)
Even though a derivation clause showing how the current grantor obtained the title is required for most South Carolina deeds, it’s not required for a quitclaim deed (SC Code § 30-5-35).
Does a Quitclaim Deed Need to Have a Habendum in South Carolina?
No, a habendum clause is not required to make a quitclaim deed legally valid in South Carolina. It can clarify the extent of the property interest you’re transferring, but it’s not a legal requirement.
Sample South Carolina Quitclaim Deed
View an example of a South Carolina quitclaim deed to see how to convey property without promises. Then, create your own using our guided form and download a copy as a PDF or Word document.
Formatting Requirements for Quitclaim Deeds in South Carolina
Some counties have specific formatting requirements for a quitclaim deed’s page size, font, and margins. For example, Beaufort County requires quitclaim deeds to be written on paper that is 8.5″ x 11″ or 8.5″ x 14″ maximum. Check your county’s requirements for formatting your South Carolina quitclaim deed.
How to File a Quitclaim Deed in South Carolina
The South Carolina quitclaim deed process involves drafting the deed, signing it before a notary, and recording it with the county office. Taking care of each step ensures the transfer is recognized.
Step 1 – Acquire the Original Deed
Acquire the original deed from the current property owner. If the current property owner doesn’t have it, you can obtain a copy from your county’s register of deeds or the clerk of court’s office. Confirm that you have access to the original deed before proceeding with the next steps, as it will provide the legal description needed for step two.
Step 2 – Fill Out Your South Carolina Quitclaim Deed
Fill out Legal Templates’s South Carolina quitclaim deed form to record the details related to your property transfer.
Step 3 – Sign the Deed
The grantor must sign the quitclaim deed before two witnesses, one of whom can be the notary public who must acknowledge the grantor’s signature (SC Code § 30-5-30).
Step 4 – Complete Other Accompanying Forms
SC Code § 12-24-70 requires that the grantor file an affidavit with the deed that states the property’s value, except in certain limited cases. If the deed is exempt from recording fees, the affidavit does not need to state the property value; however, it must provide a reason for the exemption under SC Code § 12-24-40. The clerk of courts or register of deeds may waive the need for an affidavit at their discretion.
Step 5 – Record the Form at Your Local Register of Deeds
SC Code § 30-7-10 dictates that a deed must be recorded with the county’s register of deeds office. In counties without a separate register of deeds, visit the clerk of courts for filing. The county may charge a filing fee separate from the deed recording fee.
How Much Does a Quitclaim Deed Cost in South Carolina?
When transferring property with a quitclaim deed in South Carolina, be prepared for recording fees and a deed recording fee (sometimes called a transfer tax).
South Carolina quitclaim deed costs include county, state, and federal expenses for grantors. These costs are comprised of county filing fees and state and federal taxes.
Filing Fees
Filing fees are separate from a statewide deed recording fee and vary from county to county. Check with your local register of deeds (or clerk of courts, in the absence of a register of deeds) to learn about the applicable filing fees in your county at any given time.
Taxes
State transfer taxes and federal gift and capital gains taxes may apply to your property transfer.
1. Documentary Transfer Tax (DTT)
Per SC Code § 12-24-10, there is a state transfer tax, referred to as a deed recording fee. The recording fee is $1.85 for any property valued between $100 and $500. There’s an additional $1.85 for each $500 increment after the first $500 (SC Code § 12-24-90).
A portion of the fee ($1.30) goes to the state, and the other ($0.55) goes to the county. The fee is paid electronically or with the paper form L-2125.
The grantor typically pays the deed recording fee to transfer the property from their name to the grantee’s name. The fee is payable to the clerk of courts in the county where the deed is recorded.
Exemptions to Transfer Tax
SC Code § 12-24-40 details exemptions from paying the deed recording fee. Some of the exemptions include the following:
- The property value is one hundred dollars or less.
- The grantee is a government entity.
- The grantor transfers the property in a business merger or consolidation.
- The grantor only uses a quitclaim deed to correct a title defect and confirm current ownership.
- The grantor transfers the title to an electric utility company.
2. US Gift Tax
There is no gift tax in South Carolina, but a federal gift tax applies to gifts greater than a certain amount in any given year. For example, the tax applies to gifts of more than $19,000 in 2025. Fill out IRS Form 709 to determine the amount of gift tax you may owe.
3. Capital Gains Tax
The state taxes capital gains as regular income, so the rate can range from 0 to 6% for the 2025 tax year. The US also has federal capital gains taxes, as discussed in IRS Topic No. 409 and IRS Publication 551.
