A South Carolina quitclaim deed simplifies property transfer without warranties, transferring the grantor’s interest to the grantee. However, 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 quality of the property owner’s title is poor.
When filling out this document, it’s important to consider specific information about the transaction, accompanying paperwork and fees, and particular methods for signing and filing.
How to File
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 Recorder’s Office. Confirm that you have access to the original deed before proceeding with the next steps.
Step 2: Fill in the Preparer’s Details
Enter the preparer’s information. The preparer is the person writing the form, whether it be you, as the grantor, or an attorney you have hired to help. In any case, you will need the preparer’s name and address to complete this step.
Step 3: Write “Return To” Information
Enter the return address and name of the person who will receive the completed document after the register of deeds no longer needs it. The receiver of the document is often the buyer/grantee, but you can choose anyone as the receiver.
Step 4: Note Consideration
Write the amount of money you, as the seller/grantor, will receive from the grantee in exchange for the property title (if any). First, write it out using words. Then, write the numerical value.
Step 5: Fill in the Grantor’s and Grantee’s Details
Record your full name, street address, county, city, and state in the appropriate blanks. Repeat this process using the grantee’s information.
Step 6: Write the Property’s Legal Description
Record the county where the property is located. Indicate whether the property is in an unincorporated area.
Give the property’s legal description and official address. If needed, add an attachment with the description, but be sure to cite it in the space designated for the official description.
Step 7: Get Quitclaim Deed Notarized
Have the grantor sign the document in the presence of two witnesses. Under the grantor’s signature, the grantor must print their name.
The notary public will notarize the document after the signature. Per SC Code § 30-5-30, two witness signatures are necessary, one of which may be the notary.
Step 8: Get an Affidavit to Certify the Property’s Value
Grantors must obtain and include an affidavit stating the property’s value alongside their quitclaim deed at filing (SC Code § 12-24-70). The grantor must sign this affidavit before a notary public.
This requirement is unique to South Carolina compared to other states’ processes.
Step 9: File the Deed
Check with the register of deeds in the county where the property is located to learn the county filing fees or other guidelines for registering property. Submit the deed, affidavit, any attachments, and the appropriate fee to the county’s register of deeds.
Costs and Fees
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 (the individuals giving property). These costs come in the form 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.
Who Pays the Transfer Tax?
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 (Form 709)
There is no gift tax in South Carolina, but a federal gift tax applies for gifts greater than a certain amount in any given year. For example, the tax applies to gifts of more than $18,000 in 2024 and $17,000 in 2023. 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 6.4% for the 2023 tax year. The US also has federal capital gains taxes, as discussed in IRS Topic No. 409 and IRS Publication 551.
South Carolina Quitclaim Deed Requirements
Quitclaim deeds in South Carolina must be drafted according to specific legal rules. Paying close attention to what’s required will help you record your deed without any surprises.
Legal Framework
Tit. 27 of the South Carolina Code of Laws outlines the state’s laws on real property and conveyances. Ch. 7 of that title specifically covers the laws governing deeds. Additionally, Tit. 30 describes the recording of deeds.
Legal Description
The grantor must provide a legal description when they’re transferring the property in a quitclaim deed. They should use as many unique descriptors of identifying features to clearly distinguish the property. The state doesn’t have specific guidelines for writing a legal property description, but it’s good practice to copy the language present on the previous deed.
Signing
Under SC Code § 30-5-30, the following people must sign:
- The grantor.
- A notary public or certain other public official to acknowledge the signature.
- Two witnesses, one of which can be the notary or public official acknowledging the grantor’s signature.
Terminology
South Carolina does not require the use of any state-specific, out-of-the-ordinary terminology in the content portion of its quitclaim deeds.
Additional Documents
SC Code § 12-24-70 requires that the grantor file an affidavit with the deed that states the property’s value. If the deed is exempt from recording fees, the affidavit does not need to state the property value but must provide a reason for the deed’s exemption. The clerk of courts or register of deeds may waive the need for an affidavit at their discretion.
Filing
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.
Validity Requirements
In order to be considered legally binding, a quitclaim deed must:
- Contain complete information about the grantor and grantee.
- Have an appropriate and thorough legal description of the property.
- Include the required affidavit, unless the county’s register of deeds waives it.
- Contain the signatures of the grantor and two witnesses, including a notary.
- Be accompanied by the appropriate fees, which vary from county to county.
Note: This deed doesn’t require a derivation clause, which is a clause describing the origin of the current owner’s title.
Content Requirements
Within the content of a quitclaim deed, South Carolinians should include:
- Names and addresses of the preparer of the document, the grantor, and the grantee.
- How much money will change hands in the transaction (if any).
- Where the property is and unique descriptors to identify it.
Quitclaim Deeds vs. Other Property Transfer Methods in South Carolina
| Quitclaim Deed | Lets a grantor transfer property to someone they know well. It makes no promises about the property's title. |
| General Warranty Deed | Offers the greatest level of protection by guaranteeing the grantor holds a clear title and has the right to sell the property. |
| Special Warranty Deed | Provides less protection than a general warranty deed. Only guarantees that the seller hasn't done anything to inhibit the title during their ownership period. |
| Life Estate Deed | Transfers property to an individual (the remainderman) upon the death of the grantor. The grantor still has the right to use the property during their lifetime. |
| Grant Deed | Provides two basic warranties on an implicit level: (1) that the grantor hasn't previously transferred the title to someone else, and (2) that the property isn't burdened by any liens or encumbrances (except for those explicitly stated in the deed). |
| Co-Ownership | Options include joint tenants with rights to survivorship (meaning when one owner dies, their title passes to the other owner) or tenants in common with or without rights to survivorship. |
Sample South Carolina Quitclaim Deed
Below is a free South Carolina quitclaim deed example. Edit the form to match your needs and download it in Word or PDF format.
Frequently Asked Questions
How do I remove a name from a deed in South Carolina?
You can only remove a name from a deed by having the person in question sign a new deed indicating they’re transferring the interest to someone else. A quitclaim deed may be the simplest process when engaging in more intimate affairs, like removing a spouse from the title or transferring property to a family member.
How long is a quitclaim deed good for in South Carolina?
Quitclaim deeds don’t have expiration dates because they permanently convey interest from one individual to another. However, it’s still important to record the need deed with the county clerk’s office to minimize legal and financial challenges.
What is a quiet title action in South Carolina?
A quiet title action is when a real property owner asks a court to remove any other claimed interests in the property. It lets the owner enjoy their property free and clear, even if they don’t have a clear title.
This action is permissible under SC Code § 15-67-10, which states that any person possessing real property or claiming the title to unoccupied or vacant real property may bring an action against any person who claims an estate or interest thereon.
