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.
How to File
Filing a quitclaim deed in Washington, DC requires careful preparation, notarization, and submission to the Recorder of Deeds. Taking the right steps helps ensure your property transfer is processed smoothly and without delays.
Step 1: Gather Relevant Documentation
In order to file a quitclaim deed, you will need all relevant paperwork: a quitclaim form, the current title to the property, Tax Form FP-7/C and the Document Intake Sheet for the Recorder of Deeds. Make sure that you have all the information on hand before you move forward with the process so that you can feel confident that the deed is valid and that nothing will slow down the property transfer.
Check the title for the legal description of the property and make sure that everything is in order. The grantee may wish to check for liens or encumbrances on the property or make sure they are aware of property boundaries and other considerations before signing the deed.
Step 2: Fill Out the Deed and Paperwork
Add all needed information to the quitclaim deed, the tax forms, and the Document Intake Sheet. Do not leave anything blank unless told to do so since this could invalidate the form.
Do not sign or date the form until in the presence of a notary.
Step 3: Visit a Notary
Find a notary who will officially witness your quitclaim deed. A notarized form will be necessary in order to file your document with the Recorder of Deeds.
Step 4: Take the Paperwork to the Recorder of Deeds (Or Submit It Online)
Washington, DC allows for online submission of quitclaim deeds. If you prefer to submit paperwork online, visit one of the approved e-recording vendors. You can also choose to visit the Recorder of Deeds office in person.
If you plan to submit your documents in person, make copies of the documents for all interested individuals, including the grantor and grantee, before you file the official copy. Plan to pay all needed fees, including:
- $150 deed recording fee.
- $2.25 per page if you want the Recorder of Deeds to make copies of the document.
- $6.50 surcharge fee.
Costs and Fees
Knowing the filing fees and taxes for a Washington, DC quitclaim deed can help you prepare for the full cost of the property transfer and avoid unexpected expenses.
Filing Fees
There are several fees associated with filing a quitclaim deed. They include:
- a $150 deed recording fee.
- a $6.50 surcharge fee.
- a $2.25 per page copy fee (if you intend to make copies at the Recorder of Deeds office).
If you plan to file online, you may need to pay an extra fee for the e-recording vendor.
Taxes
Both grantor and grantee may need to consider the following taxes associated with the property transfer:
1. Transfer Tax
District of Columbia transfer taxes are based on the consideration given for the property or its purchase price. However, if the consideration is nominal or there is no consideration given, transfer taxes will consider the fair market value of the property.
For residential properties under $400,000, the transfer tax is 1.1% of the consideration or fair market value of the property. For properties with a consideration or fair market value of more than $400,000, it is $1.45%. Transfer taxes are usually paid by the seller (or grantor).
D.C. Code § 42–1102 outlines several circumstances under which property transfers may be exempt from the transfer tax. These include:
- Deeds to property acquired by the government, including both the US government and the District of Columbia government.
- Supplemental deeds.
- Deed transfers between spouses, parent and child, grandparent and grandchild, or domestic partners.
- Tax deeds.
- Releasing property held as security for a debt.
- Property transfers to qualifying lower-income homeownership households, as laid out in D.C. Code § 47-3503(a).
- Transfers to or from a legal trust.
2. U.S. Gift Tax (Form 709)
The United States gift tax is assigned to high-value gifts, including gifts from family members.
The value of real estate often means that it is high enough to count toward a gift tax, which means that property owners and recipients should take that into account when making a property transfer. The state does not assign its own gift tax.
3. Capital Gains Tax
The capital gains tax is assessed on the increased value of property when it is sold compared to when it was purchased. Real estate values can go up considerably over time, which means that property owners may face a capital gains tax when they sell.
There are exemptions to the capital gains tax when the property owner has used that property as their primary residence for at least two of the last five years. The state does not distinguish between ordinary income and capital gains, so the property owner may face increased state taxes after a property sale.
Washington, DC Quitclaim Deed Requirements
Washington, DC sets clear standards for quitclaim deeds to ensure property transfers are legal and properly recorded. Following these requirements helps protect your rights and avoid delays in the recording process.
Legal Framework
D.C. Code § 42-601 lays out the requirements for quitclaim deeds in Washington, DC, including sample language that can be used to record that deed.
Additionally, a quitclaim deed must meet the following requirements:
Legal Description
The legal description is the section that precisely identifies the property being transferred. It typically includes several elements:
- Lot and square number: This is the most common way to identify property. It refers to a specific plot within a designated square.
- Assessment and taxation number: If assigned by the Office of the Surveyor, this unique number can also pinpoint the property.
- Subdivision and reference information: If the property is part of a recorded subdivision, the deed will reference the subdivision plat and any specific lot number within it.
Signing
According to D.C. Code § 42-401, the quitclaim deed needs to be signed by the grantor, or the person transferring the property, and the grantee, or the person receiving the property, and notarized.
Terminology
In Washington, DC, there’s no specific terminology used for a quitclaim deed beyond the standard term itself. It’s simply referred to as a “quitclaim deed.”
Additional Documents
Tax Form FP-7/C must accompany the quitclaim form. In addition, the Document Intake Sheet will need to be filled out and filed with the Recorder of Deeds.
Filing
- Under the District of Columbia Code, specifically within Title 42, Chapter 4, and Chapter 12, the process for recording quitclaim deeds is clearly outlined.
- These legal documents can be submitted for recording at the office of the Recorder of Deeds. The submission can be made in two ways: by physically visiting the office to record the deed in person or through the convenience of online submission.
Validity Requirements
A valid quitclaim deed form must include a number of essential elements:
- A full legal description of the property that includes not only the address, but information about the property’s boundaries, which can be used to assess the actual location.
- The names of all parties involved in the transfer.
- A completed notary certificate.
- All additional forms needed to validate the transfer.
Failure to include all relevant information as part of the real estate transaction may prevent the transaction from being recorded properly, which could invalidate the transfer. If the quitclaim deed is invalid, the grantor could retain ownership of and responsibility for any issues with the property until it is taken care of.
Content Requirements
Ensuring the deed has all the necessary content will not only help the transaction proceed more smoothly but may make it easier to ensure that it is valid. The state provides sample language in the “Fee Simple Deed” section that can be modified to fit the needs of a quitclaim deed. It includes:
- The date of the transfer.
- The name and address of the party making the transfer.
- The consideration, or funds paid, for the property.
- The grantee or party receiving the property.
- The legal description of the property.
Quitclaim Deeds vs. Other Property Transfer Methods in Washington, DC
| Quitclaim Deed | Transfer of property that does not convey any warranties against liens or encumbrances on the property, which means that the new owner will assume any risks. Transfers property more quickly, with no disclosure period or need to search for issues with the title. |
| General Warranty Deed | Traditional method of transferring property; includes a full warranty that notes that the property does not have any liens or encumbrances. May leave the grantor facing more risk when transferring the property. |
| Special Warranty Deed | Transfer of property that offers a warranty only for the period when the property was owned by the current grantor. Provides some protection to the new buyer of a property but does not convey the same level of protection as a full warranty deed. |
| Transfer-on-Death (TOD) Deed | Transfers the title directly when the current owner of the property dies. Must be filed before the death of the current owner, but does not change their rights to the property during their lifetime. |
| Life Estate Deeds | Creates two separate interests in the property: the life interest, which continues through the life of the current owner, and a remainder interest, which is valid after the death of the current owner. |
Sample Washington, DC Quitclaim Deed
View a Washington, DC quitclaim deed sample below. You can easily customize it using our document editor and download it in PDF or Word format.
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.
