A quitclaim deed is the least complex way to transfer real property in Tennessee.
Using a quitclaim deed, the grantor (the property owner) only transfers whatever interest they have in the property without making any legally enforceable promises, called warranties, that they have good title or the right to transfer the property.
That means if someone else shows up later with a better claim to the property, the grantee (the person who received the property from the grantor) cannot then sue the grantor.
In contrast, a warranty deed includes warranties about the property’s title, so the grantee can sue the grantor later if there is a dispute about the property title. Because of the lack of warranties, quitclaim deeds are often used between family members or in other situations where the grantee and grantor already know each other.
Read on for more information about a Tennessee quitclaim deed form.
Tennessee Quitclaim Deed Laws and Requirements
Under Tennessee law, a quitclaim deed must be in writing and signed by the grantor. Either the deed must have two witnesses, or the grantor’s signature must be acknowledged before a notary public or other public official.
The deed must be recorded, and you will likely pay a Realty Transfer Tax and filing fees.
Laws
Tennessee law governing the conveyance of real property is primarily located in title 66, chapter 5 of the Tennessee Code. Recording requirements are found in title 66, chapter 24.
Legal Description
The deed should include the property’s legal description (lot in a subdivision or metes and bounds) and the street address. Tennessee Code § 66-24-121 asks for the surveyor’s information (name, license number, and address) to be included if the legal description contains information from a boundary survey.
Signing
A quitclaim deed must be in writing and signed by the grantor under Tennessee Code § 66-24-101.
Acknowledgments
Per Tennessee Code § 66-22-101, the deed must either have two witnesses or the grantor’s signature must be acknowledged before a notary public or certain public officials under Tennessee Code § 66-22-102.
Terminology
To write an enforceable quitclaim deed in Tennessee, per Tennessee Code § 66-5-103, the deed should include the phrase, “I hereby quitclaim to [the grantee] all my interest in the following land.”
Transfer Tax
Per Tennessee Code § 67-4-409, the state imposes a Realty Transfer Tax on most transfers of real property. For quitclaim deeds, the amount of the tax is at a rate of $0.37 per $100 of the property’s purchase price.
The Realty Transfer Tax is one component of what Tennessee calls the Recordation Tax, the other is the Mortgage Tax. The Recordation Tax is paid to the county’s Register of Deeds where the deed is recorded.
Some exceptions to the tax include transfers between spouses or transfers under a divorce.
Additional Documents
If a transfer of real property is subject to the Realty Transfer Tax, then Tennessee Code § 67-4-409 requires the filing of the Oath of Value statement.
This document must state either the purchase price or the property value or that the transfer is exempt from the transfer tax.
Witnesses
If a deed transfers property between two people who have no previous relationship, Tennessee Code § 66-5-106 states that the deed must be proved by two witnesses or the grantor’s signature must be acknowledged.
Recording
According to Tennessee Code § 66-5-106, quitclaim deeds are filed with the county Register of Deeds where the property is located.
Under Tennessee Code § 66-24-114, a deed must contain the property owner’s name and address as well as the name and address of the taxpayer.
Registrars may charge a filing fee.
How to Write & File a Quitclaim Deed in Tennessee
Follow the steps below to write and file a quitclaim deed in Tennessee.
Step 1 – Obtain Quitclaim Deed Form
Download the appropriate quitclaim deed form for Tennessee.
Step 2 – Fill in Preparer’s Details
Add the preparer’s information. This is the name and address of the person filling out the form.
Step 3 – Write ‘Return To’ Information
Underneath the preparer’s information, add the return address and name. This individual will receive the form when the Register of Deeds is finished recording the deed. Most people choose the grantee for this.
Step 4 – Note Consideration
The next section is to record the amount paid, if any, for the property. Record the dollar amount in words, then record the amount in numbers on the blank inside the parenthesis.
Step 5 – Fill in Grantor’s Details
Enter the grantor’s information including their full name and mailing address. Include the grantor’s county in the appropriate blank.
Step 6 – Enter Grantee’s Information
Identify the grantee by writing their full name followed by their address.
Step 7 – Note Property County
Write the county where the property is located.
Step 8 – Write Property Legal Description
Add the property’s legal description (lot in a subdivision or metes and bounds) and address. Include the map and parcel number.
This needs to include all the information in the Boundary Survey, including the surveyor’s name, license number, and address.
Step 9 – Get Quitclaim Deed Notarized
Take the deed to a notary public for the grantor to sign it and have it notarized. Alternatively, the deed can be witnessed and signed by two witnesses.
Step 10 – File Your Tennessee Quitclaim Deed
Record the deed with the Tennessee Register of Deeds in the property’s county. Ask ahead of time to learn the specific filing steps and the fees charged by the county.
Recording the deed makes it legally binding and releases the grantor of their interest in the property.
Sample Tennessee Quitclaim Deed
Below is an example of what a Tennessee quitclaim deed looks like.
Tennessee Quitclaim Deed
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