Free Tennessee Quitclaim Deed Form

Quitclaim deeds in Tennessee require the proper information and terms. Include the following elements to ensure a compliant and effective form:

• Grantor and grantee information: Provide the legal name and contact information for the grantor and grantee.
• Recorded deed return address: Include the return address for the property deed so it can be sent to the correct location after being filed.
• Property description: Your quitclaim deed must include the full legal property description, noting the metes and bounds, county, subdivision, and lot.
• Statement of quitclaim: According to TN Code § 66-5-103, quitclaim deeds must include vesting language stating “I hereby quitclaim to [grantee] all my interest in the following land [legal description of the property]” to distinguish it from a warranty deed or other type.
• Statement of consideration: Add a statement of consideration if the grantee provided a payment or services in exchange for the ownership interest.

State laws in Tennessee also dictate the necessary formatting of a quitclaim deed form. Ensure your deed meets the standards stated in TN Code § 66-24-101, including the following:

• Be on paper no smaller than 8.5 by 11 inches and no larger than 8.5 by 14 inches.
• Have text size no smaller than 10-point font.
• Be printed in black ink only.
• Top and bottom margins of at least three inches on the first page.
• Top, bottom, and side margins of at least one inch on subsequent pages.
• Be written in English or have a translation accompanied by an affidavit.
• Be legible so the Register of Deeds can record it and make copies.
• If it’s illegible, it must contain an affidavit with all the necessary information.

Legal Templates’s free Tennessee quitclaim deed provides the essential sections, formatting, and terms. Use our customizable template, available in PDF and Word format, to transfer your property interest to the desired recipient.

Filing a quitclaim deed ensures that valid records and evidence of the ownership transfer are maintained. Both the grantor and grantee must work to file their Tennessee quitclaim deed. Follow the steps below for an effective filing process.

1. Identify the Parties Involved

Begin by identifying each party and their role in the transaction. Include the legal name and contact information of the grantor and grantee. Also, provide details of the preparer if a third-party individual created the form.

2. Add Property Details

The quitclaim form must include a clear description of the property being transferred. Provide the full legal description of the property, which can be copied from the original deed to ensure accuracy and completeness. In addition, select whether the property serves as the grantor’s homestead or unincorporated area. A property disclosure statement can also be added to record the property’s condition at the time of the transfer.

3. Record the Consideration

Include a statement of consideration if the grantee paid for the property or if there was an exchange of goods or services as consideration for the property. For a quitclaim deed, the consideration section may include a nominal amount to show that consideration was provided rather than recording the exact amount of payment.

4. Sign and Validate

Per TN Code § 66-22-101, a quitclaim deed must include the grantor’s original signature and a notary acknowledgment. The grantor may provide an electronic signature as defined under TN Code § 8-16-302. A witness signature can also be added to increase the validity or security of your document. Also include the date of the signature as the effective date for the deed.

A Tennessee quitclaim deed requires a combination of county, state, and federal fees and taxes. The exact costs vary depending on the type, ownership, and value of the property being transferred. Consider the applicable fees and taxes to determine how much a Tennessee quitclaim deed costs.

County Filing Fees

Tennessee counties have a standard $10 registration fee to record a quitclaim deed. All counties also have legal permission to charge an additional $2 service fee, and a $5 fee for each additional page after the first two pages of the form. In most cases, the grantor pays the filing fees, unless the terms of the quitclaim agreement provide otherwise.

Real Estate Transfer Taxes

TN Code § 67-4-409 establishes a recordation tax of $0.37 per $100 for real estate transfers, including those via quitclaim deeds. This recordation tax applies to the greater of the consideration received or the value of the property. Recordation tax exemptions apply if the transaction was done via the following methods:

• A creation or dissolution of a tenancy by the entirety
• A division of property that was previously held by tenants in common.
• A release of a life estate to the beneficiaries of the remainder interest.
• An execution of property distribution by a revocable living trust or will.
• A division or release of property as part of a divorce decree or settlement.
• A transfer to or from a revocable living trust created by the transferor or their spouse.

US Gift Taxes

Tennessee does not impose a state gift tax; however, you may be subject to federal gift taxes when transferring property through a quitclaim deed. If the value of the property being transferred exceeds the gift exemption of $19,000, a gift tax will apply to the remaining value. If you have to pay gift taxes with your quitclaim deed, you can use Form 709 to file and pay with the IRS.

Capital Gains Taxes

No state-specific capital gains taxes apply in Tennessee; however, the IRS capital gains tax rates are applicable. The IRS sets specific rates for capital gains and losses in Topic no. 409, depending on your annual household income, how long you owned the property, and how much of a profit you made from the sale.