What Is a Wisconsin Quitclaim Deed?
A Wisconsin quitclaim deed is a legal document used to transfer a person’s interest in a property without any promises about ownership. The person transferring the property (grantor) does not guarantee that they own it or that the title is clear. The person receiving the property (grantee) accepts the property “as-is”.
Under WI Stat § 706.10(4), property transfers can be carried out using a quitclaim deed. Since a quitclaim deed does not offer title protection, it is used between people who already trust each other, such as:
- Family members
- Spouses
- Co-owners
It is also commonly used after life events, such as marriage or divorce, to update property ownership. To understand how a quitclaim deed differs from other types of deeds, read our guide on different types of deeds for transferring property.
Requirements for a Quitclaim Deed in Wisconsin
A quitclaim deed form in Wisconsin must meet certain legal and formatting requirements to be valid and accepted. Understanding these requirements upfront can help you avoid delays or rejection by the Register of Deeds.
Required Property and Party Information
A Wisconsin quitclaim deed form must clearly identify all the parties involved and the property in question. Include:
- The full legal names of the grantor and the grantee.
- A complete legal description of the property (WI Stat § 706.05). This is not the same as the street address. It is the formal description found on the current deed or county records. A legal description usually includes measurements, boundary lines, distances, angles, and landmarks to clarify the property’s location and scope.
- A statement of consideration, even if the property is being transferred for no or nominal value.
- The name and address of the document preparer.
Signature and Notarization Requirements
In Wisconsin, only the grantor must sign the quitclaim deed form. The grantee’s signature is not required. For the deed to be valid, the grantor’s signature must be properly authenticated, which is usually done by signing the deed in front of a notary public (WI Stat § 706.02, WI Stat §§ 706.06-706.07). The grantor should bring a valid photo ID and sign the deed in the presence of a notary public.
Formatting Standards
There are certain formatting standards that quitclaim deed forms must follow in Wisconsin so that they can be recorded, copied, and stored correctly by the county. A quitclaim deed form that does not meet these standards may be rejected for recording.
Under WI Stat § 59.43(2m), a Wisconsin quitclaim deed must:
- Be printed on white paper
- Use standard page size (either 11 or 14 inches) and margins
- Be clear and easy to read, so it can be copied and scanned
- Include required first-page information, such as the document title, return address, and space for the recording stamp, and parcel identification number when required by the county
Marital Property Considerations in Wisconsin
Wisconsin is a marital property state. In general, property acquired during marriage is considered marital property, even if only one spouse’s name appears on the deed. Since each spouse usually has a one-half interest in marital property under WI Stat § 766.31(3), both spouses may need to sign a Wisconsin quitclaim deed to fully transfer their ownership interests. This is especially important when the property is a homestead. If only one spouse signs when both signatures are required, the transfer may be incomplete or challenged later.
Sample Wisconsin Quitclaim Deed
View a sample Wisconsin quitclaim deed form below to see what details are typically included. Then, use our step-by-step questionnaire to customize and download your own quitclaim deed for Wisconsin in PDF or Word format.
How to File a Wisconsin Quitclaim Deed
Here are the steps you need to follow to file a quitclaim deed form in Wisconsin:
Step 1 – Complete the Quitclaim Deed
Start by filling out the Wisconsin quitclaim deed with accurate information about the property and parties involved. To save time, you can use Legal Templates’s free Wisconsin quitclaim deed form. Follow our guided questionnaire to enter your details correctly and download your form as a PDF or Word file in minutes.
Step 2 – Sign and Notarize the Grantor’s Signature
The grantor must sign the deed for it to be valid. Make sure the signature is properly authenticated, which usually means signing in front of a notary public.
Step 3 – Complete the Real Estate Transfer Return (eRETR)
Most property transfers in Wisconsin require an electronic Real Estate Return (eRETR) to be filed along with the deed. An eRETR may be required even if no transfer tax is owed, such as when the transfer qualifies for an exemption (WI Stat § 77.21-77.22).
Step 4 – Record the Deed With the County Register of Deeds
Record the completed quitclaim deed with the Register of Deeds in the county where the property is located. Recording the deed provides public notice of the transfer (WI Stat § 706.08). You should expect to pay any relevant fees at this time.
How Much Does it Cost to File a Quitclaim Deed in Wisconsin?
Most Wisconsin counties charge a recording fee of about $30 to file a quitclaim deed (WI Stat § 59.43(2)). For example, Dane, Sauk, and Marathon Counties all assess a $30 recording fee regardless of the number of pages in the document. Some counties may also charge an additional fee if you request certified copies of the deed. Each county sets its fees, so it’s important to check with your county before proceeding.
Taxes and Transfer Fees for Quitclaim Deeds in Wisconsin
Some quitclaim deed transfers in Wisconsin may trigger state or federal taxes, depending on the situation. Many common transfers, especially those between family members, are exempt.
Wisconsin Real Estate Transfer Tax
Wisconsin imposes a real estate transfer tax on property transfers. The tax rate is $0.03 per $100 of the property’s value, or $3 per $1,000, as per WI Stat § 77.22. In most cases, the grantor is responsible for paying the transfer tax.
Common Transfer Tax Exemptions
Many quitclaim deed transfers qualify for an exemption under WI Stat § 77.25, including:
- Transfers between spouses or domestic partners
- Transfers between parents and children for no or nominal consideration
- Transfers made to correct a prior deed
- Transfers by will or transfer on death
- Transfers from a trustee to a beneficiary without consideration
Even when an exemption applies, a Real Estate Transfer Return (RETR) may still be required.
Most family-related quitclaim deeds are exempt from the Wisconsin transfer tax.
Federal Gift Tax and Capital Gains Tax
A federal gift tax may apply if the property is transferred for little or no consideration. In many cases, no tax is owed, but the transfer may still need to be reported to the IRS. A federal capital gains tax may apply later if the property is sold, subject to certain exceptions. Wisconsin taxes capital gains as ordinary income, with limited deductions available in certain situations under WI Stat § 71.05(6)(b)9.