South Carolina law provides different kinds of deeds to transfer property. One type is the warranty deed which transfers property and includes legally enforceable promises, called warranties, that the grantor (the property owner) has good title to the property.
If at any point, the grantee (the person to whom the grantor transferred the property) discovers that someone else has a better claim to the property, the grantee can sue the grantor.
A quitclaim deed is less complicated than a warranty deed because it does not include any warranties about the grantor’s title.
Instead, by using a quitclaim deed, the grantor transfers whatever interest the grantor has in the property to the grantee.
To learn more about quitclaim deed requirements in South Carolina, read on.
South Carolina Quitclaim Deed Laws and Requirements
Under South Carolina law, a quitclaim deed requires the grantor’s signature and the signature of two witnesses.
A notary or other public official, who can serve as the second witness, must also acknowledge the grantor’s signature.
After paying a transfer tax (also known as a deed recording fee), the deed becomes part of the official record.
Laws
Title 27 of the South Carolina Code of Laws outlines South Carolina’s laws on real property and conveyances. Laws governing deeds specifically are found in Chapter 7 of that title.
Title 30 of the South Carolina Code of Laws describes the recording of deeds.
Legal Description
The property’s legal description, which includes not just the street address, is required when describing the property in a quitclaim deed.
Signing
The grantor must sign the quitclaim deed under South Carolina Code § 30-5-30.
Acknowledgments
A notary public or certain other public officials must acknowledge the grantor’s signature for recording a deed in South Carolina, according to South Carolina Code § 30-5-30.
Transfer Tax
Per South Carolina Code § 12-24-10, there is a transfer tax, referred to as a deed recording fee in the state, payable to the Clerk of Court in the county where the deed is recorded.
For property valued between $100 and $500, the deed recording fee is at $1.85 of the realty’s value. For property valued over $500, the rate is $1.85 per each $500 increment.
A portion of the fee goes to the state, and the other goes to the county. The fee is paid electronically or with the paper form, Deed Recording Fee Return (form L-2125).
There are exemptions from paying the deed recording fee in South Carolina Code § 12-24-40.
Additional Documents
South Carolina Code § 12-24-70 requires that an affidavit be filed with the deed that either states the property’s value or provides a reason for the deed’s exemption from the deed recording fee.
Witnesses
The grantor’s signature on the deed must be done in the presence of two witnesses under South Carolina Code § 30-5-30(B), but one of the witnesses can be the notary public or public official who acknowledged the grantor’s signature.
Recording
According to South Carolina Code § 30-7-10, a deed must be recorded and filed with the county’s Register of Deeds Office (or Clerk of Court in those counties where there is no separate Register of Deeds).
A filing fee, which is separate from the deed recording fee, may be charged by the county.
How to Write & File a Quitclaim Deed in South Carolina
Follow the steps below to write and file a quitclaim deed in South Carolina.
Step 1 – Obtain Quitclaim Deed Form
Download the SC quitclaim deed form.
Step 2 – Fill in Preparer’s Details
Enter the preparer’s information. This is the person who is preparing the form. You need the name and address.
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 is done with it. You need a complete mailing address.
This is often the buyer (grantee) but can be anyone you choose.
Step 4 – Note Consideration
Write the amount of money the seller (grantor) receives from the buyer (grantee), if any. First, write it out using words. Then, write the numerical value.
Step 5 – Fill in Grantor’s Details
Record the grantor’s full name and street address, county, city, and state in the appropriate blanks.
Step 6 – Enter Grantee’s Information
Repeat this step for the grantee.
Step 7 – Note Property County
Record the county where the property is located. This goes after the word “located in” and before the words “County, South Carolina.”
Step 8 – Write Property Legal Description
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 9 – Get Quitclaim Deed Notarized
Have the grantor sign the document in the presence of two witnesses, including a notary public. Under the grantor’s signature, the grantor must print their name.
The notary public will notarize the document after the signature. Per South Carolina Code § 30-5-30, two witness signatures are necessary.
Step 10 – File Your South Carolina Quitclaim 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.
Sample South Carolina Quitclaim Deed
Below is an example of what a South Carolina quitclaim deed looks like.
South Carolina Quitclaim Deed Sample
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