Tennessee Quitclaim Deed Requirements

Tennessee quitclaim deeds allow the current owner of a property (the grantor) to transfer property to another person (the grantee) without warranty of title. As such, the grantee becomes responsible for issues arising from undisclosed title or ownership problems. Some grantees take out title insurance to mitigate these potential costs.

This deed is useful when adding a spouse to the deed as a joint tenant, conveying real estate to a family member or charitable organization as a gift, transferring the property title to a living trust, or conveying property to a close friend for zero or negligible consideration.

Legal Framework

Tennessee laws outline the form, use, effect, and responsibilities of transferring property via a quitclaim. Tenn. Code § 66-24-101 establishes that a property owner may convey property to another owner by recording a deed with the county register.

Tenn. Code § 66-5-103 lists a quitclaim deed’s language and intent, including title warranty disclaimers. The vesting language should be as follows: “I hereby quitclaim to [grantee] all my interest in the following land [legal description of the property].”

Legal Description

A legal description of the property should follow the vesting language, per Tenn. Code § 66-5-103. Legal descriptions may include:

• Street address
• Subdivision and lot
• Metes and bounds
• Section, township, and range
• Parcel identification number

Generally, the description should provide precise measurements by which a land surveyor can locate and identify the real property.

Signing

Per Tenn. Code § 66-22-101, a quitclaim deed must include the grantor’s original signature and be acknowledged by a notary public. The grantor may provide an electronic signature as defined under Tenn. Code § 8-16-302.

Additional Documents

Suppose the conditions of your property transfer require you to pay recordation tax. In that case, the new owner must sign a statement of consideration to verify the amount they paid for the property (Tenn. Code § 67-4-409).

This acknowledgment (also called an oath of value statement) can be included in the deed itself or added as a separate affidavit. If the deed is exempt from recordation tax, you can simply state the exemption and applicable reference instead.

Filing

Tenn. Code § 66-5-106 declares that you must file a quitclaim deed with the county where the property exists for it to be valid and enforceable. When you file, you may have to pay recording fees and taxes based on the consideration the grantee offers. If you’re not sure whether you owe taxes, contact your county’s Register of Deeds for guidance.

Validity Requirements

Tennessee law doesn’t outline specific requirements for formatting quitclaim deeds, but they should follow these generally accepted standards:

• 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.

Tenn. Code § 66-24-101 provides the following validity requirements for deeds, including quitclaim deeds:

• 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.

Content Requirements

Your quitclaim deed must contain the following information:

• The grantor’s and grantee’s name and address.
• The name and address of the person who prepared the document.
• A statement of consideration.
• The grantor’s original signature.
• Spouse’s signature for a homestead owned by a married grantor.
• Acknowledgment of a notary or two subscribing witnesses.

Quitclaim Deeds vs. Other Property Transfer Methods