A Washington, DC quitclaim deed is a document allowing a property’s owner (grantor) to transfer property to a new owner (grantee) without guaranteeing the title. This works best when the two parties know and trust one another, such as when adding a spouse to a deed or transferring property within the same family.
When someone wants a warranty on the title, they need to use a warranty deed. This uses different terminology and only applies when the deed’s title has been properly cleared.
Laws & Requirements
Statute: D.C. Code § 42-601.
Signing Requirements: D.C. Code § 42-401: The deed must be signed in the presence of a notary public and include the notary’s seal (if applicable), signature, name, and expiration date. The Recorder of Deeds General Recording Requirements states the grantor and grantee must sign and have their signatures acknowledged and notarized.
Recording Requirements: D.C. Code, Title 42, Chapter 4 and Chapter 12: Quitclaim deeds are recorded at the Recorder of Deeds office, either in-person or online.
Transfer Tax: Yes (exemptions may apply).
Additional Documents: Tax Form FP-7/C: The Recorder of Deeds requires the Real Property Recordation and Transfer Tax Form to be completed and filed, together with the Document Intake Sheet.
How to File
- Prepare the Paperwork: Gather the quitclaim deed form, current property title, and additional documents.
- Complete the Forms: Fill out all required information and leave forms unsigned and undated until you visit a notary.
- Get Your Signature Notarized: Find a notary public to witness your signature on the document.
- Submit the Deed (Online or In-Person): The state offers online submission through approved e-recording vendors. Alternatively, visit the Recorder of Deeds office in person.
Costs and Fees
Filing Fees:
- Recording fees: A $150 recording fee, a $6.50 surcharge fee, and a $2.25 per page copy fee if you make copies at the Recorder of Deeds office. If you file online, expect an additional fee for the e-recording vendor.
Taxes:
- Transfer Tax: For residential properties under 0,000: 1.1% of consideration or fair market value. For properties over 0,000: .45%. Exemptions include government acquisitions, family transfers, tax deeds, debt releases, and trust transfers (D.C. Code § 42–1102, § 47-3503(a)).
- U.S. Gift Tax (Form 709): Applies to high-value gifts, including those from family members. The state does not impose its own gift tax.
- Capital Gains Tax: This is assessed on the increased value of property upon sale compared to its purchase price. The state does not differentiate between ordinary income and capital gains, potentially leading to increased state taxes post-sale.
Frequently Asked Questions
How do I reverse a quitclaim deed in Washington, DC?
Unfortunately, in Washington, DC, a quitclaim deed cannot be reversed once it’s recorded. This means the transfer of ownership is final.
If there was a mistake or issue with the transfer, you may have some options. In such cases, consulting with a real estate attorney is recommended.
Is an unrecorded deed valid in Washington, DC?
An unrecorded quitclaim deed in Washington, DC might be considered valid between the grantor (giver) and grantee (receiver) of the property as it essentially transfers ownership rights between them. However, the lack of recording creates significant challenges.
Without a record, others, like potential buyers, lenders, or even someone with a lien on the property, wouldn’t be aware of the ownership transfer. This can lead to disputes or make it difficult to obtain financing or sell the property in the future. Therefore, recording the deed is highly recommended to protect your interests and ensure a smooth transfer.
How long is a quitclaim deed good for in Washington, DC?
A quitclaim deed itself doesn’t have an expiration date in Washington, DC. Once recorded, it permanently transfers ownership rights.
The key factor to consider is the validity of the grantor’s title at the time of transfer. The deed only conveys the grantor’s existing interest without any guarantees about the title. If there were any underlying issues with the grantor’s ownership, they wouldn’t be resolved by the quitclaim deed and could surface later.
