Free Wisconsin Quitclaim Deed Form

A Wisconsin quitclaim deed offers a straightforward option for real estate transfers. Unlike a warranty deed, this type of deed doesn’t guarantee a good title. This document is common in divorces and transfers between family members, as it simplifies property ownership changes.

Table of Contents

• How to File
• Costs and Fees
• Wisconsin Quitclaim Deed Requirements
• Quitclaim Deeds vs. Other Property Transfer Methods in Wisconsin
• Sample Wisconsin Quitclaim Deed
• Frequently Asked Questions

How to File

Filing a quitclaim deed in Wisconsin is simple when you know the steps. Completing and recording the form carefully helps protect your property interests.

Step 1: Find All Relevant Documentation

Before filing a quitclaim deed, secure the title to the property and check it to ensure all the information is accurate. You should also make sure you have the funds to handle filing fees and transfer taxes.

Step 2: Fill out the Quitclaim Deed Form

Starting with our template will streamline the process and make sure that you have all the necessary details in your document.

While state laws, including Wis. Stat. § 706.001, do not require specific language for a quitclaim deed, you should still make sure that you include all relevant information about the property transfer, including the grantor’s and grantee’s names, the legal description of the property, and the name of the person who prepared the document.

Step 3: Validate the Grantor’s Signature

Wis. Stat. § 706.02 notes that the grantor’s signature must be verified to make the quitclaim deed binding and legal. Most often, the grantor will take the document to a notary, who will witness their signature and notarize the document.

Prepare to show a valid ID to the notary. You should not sign the deed before arriving at the notary’s office because the notary will need to see you sign and date it.

Step 4: Complete the eRETR

Complete the electronic Real Estate Transfer Return (eRETR) form. The state requires this when filing any property conveyance, including a quitclaim deed.

Step 5: File at the County Recorder’s Office

Go to the Register of Deeds office in the county where the property lies. Wis. Stat. § 706.08 requires that the form be filed by the county recorder. You should expect to pay any relevant fees at this time. This fee is most often $30 but can be different based on the specific county’s requirements.

Costs and Fees

In Wisconsin, quitclaim deed filings come with county recording fees and a real estate transfer return fee. Preparing for these costs upfront will help you transfer property without delay.

Filing Fees

The filing fee is usually around $30. For example, Dane County, Sauk County, and Marathon County all assess a $30 recording fee regardless of the document’s number of pages. They also charge specific fees for copies ($2 for the first page, $1.00 for each additional page, and a $1.00 certification fee if they want a certified copy).

Each county sets its fees, so it’s important to check with your county before proceeding.

Taxes

Transfer taxes and other federal taxes (like the capital gains and US gift tax) might apply to your situation.

1. Transfer Tax

The Wisconsin transfer tax is 30 cents on every $100 or a portion of $100 of the value of the property (Wis. Stat. § 77.22). You can also consider the transfer tax as $3 for every $1,000 in property value.

Who Pays the Transfer Tax?

Wisconsin requires the grantor (the property seller) to pay the transfer tax fee.

Exemptions to the Transfer Tax

Wis. Stat. § 77.25 lays out several exemptions to the transfer tax. These include:

• Conveyances made before Oct. 1, 1969.
• Property transfers from the US government.
• Corrections to current deeds.
• Properties sold for delinquent taxes or assessments.
• Transfers due to mergers of entities.
• Transfers from a subsidiary corporation to its parent corporation, or vice versa.
• Transfers between parent and child, including stepchildren or in-laws, for nominal or no consideration.
• Transfers between spouses.
• Transfers between domestic partners.
• Transfers from trustee to beneficiary without consideration.
• Transfers by will or non-probate transfer on death.

If you have questions about whether your property transfer falls into these categories, consult an accountant or tax professional to better understand the most advantageous way to transfer your property.

2. US Gift Tax (Form 709)

The US government assesses a gift tax on gifts with a significant monetary value. It applies when the grantor transfers the property to the grantee for no consideration, meaning the grantee doesn’t pay for the property or exchange other property of approximately equal value during the transfer.

The IRS establishes an annual exclusion per donee for each year. The limit for 2024 is $18,000, so you can give up to $18,000 per recipient without paying tax. Please fill out Form 709 to report any transfers subject to this tax.

3. Capital Gains Tax

Wisconsin taxes capital gains as ordinary income, ranging from 3.50% to 7.65%. A 30% deduction may apply if the grantee receives the property from someone who passed away, while a 60% deduction may apply if the transfer involves the sale of farmland (Wis. Stat. § 71.05(6)(b)9).

Federal capital gains tax will also apply under Topic No. 409. Short-term capital gains tax (tax you owe after capitalizing on property you’ve had for less than one year) may range between 10% and 37%. Long-term capital gains tax rates can be 0%, 15%, or 20%, depending on your filing status.

Wisconsin Quitclaim Deed Requirements

To be considered valid in Wisconsin, a quitclaim deed must meet a set of legal and procedural standards. Knowing what’s required ahead of time makes the recording process much easier.

Legal Framework

Wis. Stat. § 706.10(4) lays out the legal framework for quitclaim deeds. It notes that there is no specific language required for the deed but does require the avoidance of any language laying out warranties or covenants. The grantor should use the term “quitclaim” for clarity.

Legal Description

Wis. Stat. § 706.05 states that a quitclaim deed must contain a full legal description. A legal description usually includes measurements, boundary lines, distances, angles, and landmarks to clarify the property’s location and scope. It should exclude confusing or ambiguous language.

Signing

Wis. Stat. § 706.06 requires the grantor to sign their quitclaim deed and have a notary public authenticate it. Wisconsin does not require witnesses or the grantee’s signature to legalize the document.

Additional Documents

The grantor must attach an electronic Real Estate Transfer Return (eRETR) form when filing any quitclaim deed.

Filing

Under Wis. Stat. § 706.05, the grantor should record the deed with the Register of Deeds in the county where the property lies. Wisconsin requires the grantor to pay a filing fee during registration. Usually, this fee is $30, but some counties may set their own rates.

Community Property

Wisconsin community property law (Wis. Stat. § 766.587) divides marital property into two categories:

• Community property: Community property is any property acquired during marriage due to the efforts of either or both spouses, such as certain appreciation of property, income from property, life insurance, deferred employment benefits, and wages.
• Separate property: Separate property includes property acquired before marriage, acquired by inheritance or gift during marriage, or recovered through a personal injury claim during marriage.

You must distinguish separate property from community property when transferring it to promote clarity and prevent legal issues.

Validity Requirements

Quitclaim deeds must abide by state standards to be valid (Wis. Stat. §59.43(2m)(a) and (b)):

• Appear on printed white paper of at least 20-pound weight.
• Be 8.25 inches in width and either 11 or 14 inches in length (the permitted deviation is 0.25 inches).
• The ink must be red, blue, or black, but coded notations on maps and signatures can be different colors.
• Have unbound pages.
• Be legible and reproducible for copy-making purposes.
• Contain a top margin of at least 0.50 inches for each page.
• Contain bottom and side margins of at least 0.25 inches.
• First-page requirements must include the following:
  • The deed’s title.
  • Space for the document number.
  • The return address.
  • Space for the recording stamp.
  • The parcel identification number.

Content Requirements

• A legal description of the transferred property (including its boundaries and location as its title specifies).
• The grantor’s name and address.
• The grantee’s name.
• The document preparer’s name.
• The consideration for the property (if any).
• The conditions or contingencies that could impact the property conveyance(if any).

Quitclaim Deeds vs. Other Property Transfer Methods in Wisconsin

Sample Wisconsin Quitclaim Deed

View a free sample Wisconsin quitclaim deed below. Personalize the form with your details and download a copy in PDF or Word format.

wisconsin-quitclaim-deed

Frequently Asked Questions