A Washington quitclaim deed conveys real property interest from one party to another, and the grantor doesn’t make any covenants. It diverges from other property deeds, as this document doesn’t make any assurances or warranties about the ownership or title quality.
Laws & Requirements
Statute: Quitclaim deed requirements are present in the Revised Code of Washington Tit. 64 (Real Property and Conveyances. Wash Rev. Code 64.04.050 requires the use of the phrasing “conveys and quitclaims” from the grantor to the grantee.
The information in Tit. 65 (Recording, Registration, and Legal Publication) governs the formatting and processes of all legal documents for public filing, including quitclaim deeds.
Signing Requirements: The deed must be in writing and contain the grantor’s signature and an acknowledgment of their signature. Notarization or witnessing by specific public officials fulfills the acknowledgment requirement. No additional subscribing witnesses are necessary (Wash. Rev. Code § 64.04.020).
Recording Requirements: The grantor should file a completed quitclaim deed in the Washington office of the recording officer for the municipality where the property is located (Wash. Rev. Code § 65.08.070). Please bring a payment method with you to pay relevant filing fees.
Excise Tax: Yes (Wash. Rev. Code § 82.45.060).
Additional Documents: The first page should include the title, grantor’s name, grantee’s name, abbreviated legal description, and the assessor’s property tax parcel number. If the first page lacks this information, a cover sheet with the necessary details is required (Wash. Rev. Code § 65.04.045 and § 65.04.047).
How to File
- Decide Whether to Hire an Attorney: Consider hiring an attorney to help draft your quitclaim deed.
- Obtain a State-Specific Form: Use a state-specific form to ensure you abide by the established legal requirements.
- Prepare a Cover Sheet: Prepare a cover sheet if your quitclaim deed’s first page lacks the proper requirements.
- Enter the Preparar and “Return to” Information: Enter this information to dictate who prepares the document and who the document should go to once it’s recorded.
- Record Essential Details: Record essential details, including the grantor’s and grantee’s information, consideration, and property’s legal description.
- Sign: Sign your name as the grantor and seek a notary public’s acknowledgment.
- File: File the document with the county recorder’s office where the property exists.
Costs and Fees
Filing Fees:
Wash. Rev. Code § 58.24.070 lets each county auditor charge filing and recording fees. They will vary by county. Each county may charge additional pages after the base recording fee.
Taxes:
- Real Estate Excise Tax: Washington state charges a real estate excise tax for property sales. According to Wash. Rev. Code § 82.45.060, the statewide real estate excise tax rate starts at 1.1% for sales up to $500,000. The tax rate increases for sales of higher value.
- US Gift Tax: Washington state has no gift tax, but the federal government does. If you use a quitclaim deed to transfer property as a gift, use IRS Form 709 to file for and pay your federal gift tax.
- Capital Gains Tax: Washington’s capital gains tax does not apply to the sale or transfer of real estate. The US government, however, does collect capital gains tax on property transfers. Access IRS Topic No. 409 and IRS Publication 551 to learn about valuation, exemptions, and payment processes for US capital gains taxes.
Frequently Asked Questions
Does a Spouse Have a Claim to the Property After Signing a Quitclaim Deed in Washington State?
No. Once a spouse transfers the title via a quitclaim deed, they relinquish their rights.
How Do I Reverse a Quitclaim Deed in Washington State?
Once the grantor signs a quitclaim deed before a notary and files it with their county recorder’s office, a quitclaim deed is irreversible in most cases. However, mutual agreement between the grantor and grantee or legal issues could cause a court to invalidate the deed.
What Are the Disadvantages of a Washington Quitclaim Deed?
A quitclaim deed doesn’t guarantee ownership rights, so it offers limited legal protection to the grantee. Because of the potential for hidden encumbrances or liens, a grantee may unknowingly accept legal claims or debts.
The grantee can avoid issues by only accepting quitclaimed property from a grantor they already know and trust.
