Free Vermont Quitclaim Deed Form

A Vermont quitclaim deed is a legal instrument enabling a property owner (the grantor) to transfer their ownership stake to a buyer (the grantee). This deed assumes but doesn’t confirm that the grantor has the legal right to renounce a title, interest, or claim to the property.

It’s most common in arrangements where the grantor and grantee have a pre-established relationship with each other. The deed involves no promises, as it only records the details of a property transfer.

How to File

Filing a quitclaim deed in Vermont is simple when you gather the necessary information and file it with the county clerk. Completing the form correctly ensures a smooth transfer.

Step 1: List the Introductory Details

Begin by listing the name and address of the person preparing the document. The preparer may be you as the grantor or a professional drafter or attorney.

You can also fill out the “After Recording, Return To” information. Identify who you’d like to receive a copy of the recorded quitclaim deed after the town clerk finishes the recording process.

Step 2: Note the Consideration

Report the payment from the grantee to the grantor. Write this number out and include it in numerical form (e.g., “Ten thousand dollars ($10,000)”). If you’re transferring property without the grantee providing consideration, you can put $0 or a nominal amount like $10.

Step 3: Write Both Parties’ Information

Write the grantee’s and grantor’s names and addresses (including the cities, counties, and states for the addresses).

Step 4: Add the Property’s Legal Description

Add the address and information about the property as an identifying legal description. These details can include parcel numbers, language from the original deed, or any other information that clarifies the property being conveyed.

Step 5: Sign the Deed

The grantor should provide an original signature on the deed. If there are multiple grantors, you can add additional signature blocks. A notary public will witness the signing and notarize the document with their notary seal, ID number, and commission expiration date.

Step 6: Complete the Transfer Tax Form

Even if you’re gifting the property to the grantee without payment, Vermont requires every deed to be accompanied by a property transfer tax return. Download and fill out Form PTT-172 and bring it with you when filing.

Step 7: File the Deed

Finally, you’ll need to send the notarized quitclaim deed to the town clerk’s office in the city where the property is physically located. Each town clerk has specific requirements and processes. Hence, it’s a good idea to preemptively contact the office to determine fees, additional documents you may need, and procedures you’ll need to follow.

After the clerk’s office has recorded the quitclaim deed, they’ll mail a copy to you and anyone else who included their information in the “After Recording, Return To” section.

Costs and Fees

Recording a quitclaim deed in Vermont means paying recording fees, and a property transfer tax often applies. Planning for these expenses ahead of time can make the process more efficient and less stressful.

Filing Fees

Per Vt. Stat. Tit. 32 § 1671, town clerks charge $15 per page for filing documents like quitclaim deeds that will become a matter of public records. The tax form that must accompany every quitclaim deed, Form PTT-172, costs an additional $15 to file.

Taxes

In addition to a transfer tax, you may be responsible for federal gift and capital gains taxes.

1. Real Estate Transfer Tax

Per Vt. Stat. Tit. 32 § 9602, the state imposes a tax on the transfer of title to real property. All deeds transferring property (even if the transaction doesn’t involve the exchange of money) require a property transfer tax return (Form PTT-172) to be filed along with the deed to the town clerk.

Who Pays the Transfer Tax?

Generally, the grantee (or the person receiving the property) is responsible for paying the transfer tax in Vermont. This requirement differs from other states in which the grantor is responsible.

Exemptions to Transfer Tax

Vt. Stat. Tit. 32 § 9603 outlines some transfers that are exempt from the transfer tax. Examples include the following:

• Transfers between spouses or direct family
• Transfers to government agencies
• Transfers made only to correct a title defect
• Transfers that change the type of ownership without changing the actual owner
• Transfers made between a subsidiary and its parent corporation
• Transfers made to or by a local development corporation
• Transfers made to a 501(c)(3) nonprofit organization
• Transfers made in lieu of a foreclosure

Tax Rates

The property transfer tax rate is 1.25% of the property’s value or $1.00, whichever is greater. Some exceptions exist. For example, when the grantee plans to use the transferred property as their principal residence, the tax rate is 0.50% for the first $100,000 of the property’s value. Any portion over $100,000 is subject to a tax rate of 1.25% (Vt. Stat. Tit. 32 § 9602).

Furthermore, the state will not impose any tax on the first $110,000 in value of any property transferred if the grantee purchases the property as a principal residence with assistance from the Vermont Housing and Financing Agency (VHFA), Vermont Housing and Conservation Trust Fund (HCTF), or US Department of Agriculture (USDA). Any portion over $110,000 will be subject to a tax rate of 1.25%.

2. US Gift Tax (Form 709)

There is no state gift tax in Vermont, but the grantor must pay federal gift tax in some scenarios when they give property to a grantee for little or no payment. They can use IRS Form 709 to determine the exact amount.

Annual exclusions will apply. For example, in 2024, a grantor can give up to $18,000 of property to each recipient without having to pay gift tax.

3. Capital Gains Tax

Vermonters transferring property through a quitclaim deed may owe both state and federal capital gains taxes. IRS Topic No. 409 and IRS Publication 551 describe the federal capital gains tax.

Within Vermont, capital gains are usually subject to regular personal income tax rates, ranging from 3.35% to 8.75%. Some long-term gains may be exempt from capital gains tax. The Vermont Department of Taxes details capital gains exclusions.

Vermont Quitclaim Deed Requirements

A quitclaim deed in Vermont must meet specific legal and formatting rules. Getting every detail right helps you complete your property transfer quickly and without confusion.

Legal Framework

Vt. Stat. Tit. 27, Ch. 5 dictates the legal requirements behind property ownership and transfers in the state.

Legal Description

While Vermont doesn’t specify the exact language or details needed for a legal description of the property being transferred, it generally includes the address, a land survey, and references to lot numbers and monuments. Check the previous deed and copy its legal description exactly to ensure a smooth process when filing your quitclaim deed.

Signing

Per Vt. Stat. Tit. 27 § 301, the state requires a notary public to acknowledge the grantor’s signature on a quitclaim deed.

Terminology

Unlike more stringent states, Vermont doesn’t have many requirements for the specific language a quitclaim deed must have to be valid. An enforceable deed will likely have language that “remises, releases, and quitclaims” the property to the grantee. The deed should also clarify that the grantor is not making any warranties.

Additional Documents

A transfer tax document, Form PTT-172, must accompany your quitclaim deed for the town clerk’s office to accept it. Please ensure to fill out all fields and note if the conditionally required fields apply to your situation.

Filing

Per Vt. Stat. Tit. 27 § 341, the grantor must submit a signed and notarized quitclaim deed to the town clerk’s office where the property rests. Unlike other states, Vermont has no county recording system, so the relevant town or city records all documents.

Validity and Content Requirements

Vt. Stat. Tit. 27 § 341 cites some requirements for a property deed to be valid. Here are the requirements for your quitclaim deed to be enforceable:

• The grantor’s name and address.
• The grantee’s name and address.
• The consideration amount.
• The property’s address and legal description.
• Details of the property’s ownership (especially if multiple parties will own the property).
• The grantor’s signature.
• A notary’s acknowledgment of the grantor’s signature.

Quitclaim Deeds vs. Other Property Transfer Methods in Vermont

Sample Vermont Quitclaim Deed

View a free example of a Vermont quitclaim deed. Use our document editor to complete the form and download it easily in PDF or Word format.

Frequently Asked Questions