Arkansas Quitclaim Deed

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What Is an Arkansas Quitclaim Deed?

An Arkansas quitclaim deed is a legal document used to transfer whatever interest a person (the grantor) has in real property to another person (the grantee), without making any warranties about the title. Unlike a warranty deed, it does not guarantee that the grantor actually owns the property or that the property is free of liens or claims. If a title issue arises, the grantee has no legal recourse against the grantor.

When to Use a Quitclaim Deed in Arkansas

Because of the lack of buyer protection, Arkansas quitclaim deeds are rarely used in traditional real estate sales. They are most commonly used when the parties know each other and trust is established, or to clear up title issues. Common uses include:

  • Transferring property between family members (e.g., parent to child).
  • Adding or removing a spouse from the title after marriage or divorce.
  • Moving real estate into a living trust or a business entity like an LLC.
  • Releasing a potential claim on a property to clear a "cloud" on the title.

Arkansas Requirements for Quitclaim Deeds

  • Signing: The grantor(s) must sign the deed. If the property is a marital homestead, both spouses must sign, even if only one is listed on the title, due to Arkansas homestead laws.
  • Notarization: The grantor's signature must be acknowledged by a notary public.
  • Witnesses: Arkansas law does not require witnesses for a valid quitclaim deed.
  • Recording: The deed should be recorded with the County Circuit Clerk or Recorder in the county where the property is located.
  • Transfer Tax / Recording Fees: Arkansas does not charge a real estate transfer tax. Recording fees typically start around $15 for the first page and $5 for each additional page (as of 2024-2025).
  • Legal Description: A formal legal description of the property is required.

Quitclaim Deed vs. Warranty Deed in Arkansas

An Arkansas warranty deed provides a guarantee from the seller that the title is clear of any defects or liens, and the seller will defend the buyer against future claims. A quitclaim deed offers zero guarantees; it simply transfers whatever interest the seller currently has, leaving the buyer to assume all risks associated with the title's history.

Frequently Asked Questions

Do I need my spouse's signature on an Arkansas quitclaim deed?

Yes, if the property is considered your marital homestead, Arkansas law requires your spouse to sign the deed to release their homestead rights, even if they are not listed on the current deed.

Can I write my own quitclaim deed in Arkansas?

Yes, you can draft your own quitclaim deed, provided it meets all of Arkansas's legal requirements for formatting, legal description, and notarization. However, consulting a real estate attorney is often recommended to avoid costly mistakes.

Where do I record an Arkansas quitclaim deed?

You must take the original, notarized deed to the County Circuit Clerk or Recorder's office in the county where the property is physically located. You will need to pay the applicable recording fee.

Does a quitclaim deed transfer my mortgage in Arkansas?

No, a quitclaim deed only transfers the property title. It does not transfer or eliminate your financial obligation to pay the mortgage. You remain responsible for the loan unless the lender agrees to a refinance or assumption by the new owner.

Are there transfer taxes on an Arkansas quitclaim deed?

Arkansas does not have a statewide real estate transfer tax, so you will only be responsible for the county's standard recording fees when you file the deed.