Delaware Quitclaim Deed

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What Is a Delaware Quitclaim Deed?

An Delaware quitclaim deed is a legal document used to transfer whatever ownership interest a person (the grantor) currently holds in a property to another party (the grantee), without providing any guarantees about the title's history. It makes no promises that the property is free of liens, mortgages, or other encumbrances. The grantee accepts the property entirely "as is" regarding the title status.

When to Use a Quitclaim Deed in Delaware

  • Transferring property between close family members, such as from parents to children.
  • Adding or removing a spouse's name from the property title following marriage or divorce.
  • Moving personal real estate into a living trust or a closely held LLC.
  • Clearing up a minor title defect or ambiguity discovered in the public records.

Delaware Requirements for Quitclaim Deeds

  • Signing: The grantor(s) must sign the deed.
  • Notarization: The grantor's signature must be acknowledged by a notary public.
  • Witnesses: 1 witnesses are required by Delaware law.
  • Recording: The deed must be filed with the County Recorder of Deeds in the county or jurisdiction where the land is located.
  • Transfer Tax / Recording Fees: 2-4% (split buyer/seller by convention). Attorney state; no warranty deed offered.
  • Legal Description: A complete and accurate legal description of the property is mandatory.

Quitclaim Deed vs Other Deeds in Delaware

The primary difference is the level of title protection. An Delaware warranty deed or grant deed includes promises from the seller that the title is clear and defendable. A quitclaim deed provides zero warranties, leaving the new owner responsible for any historical title issues.

Frequently Asked Questions

How much is the transfer tax on a Delaware quitclaim deed?

Delaware has one of the highest transfer tax rates in the country at 4% of the property's sale price or fair market value. By convention, this tax is typically split equally between buyer and seller (2% each), though this is negotiable. First-time homebuyers may qualify for a reduced rate of 3% under certain conditions.

Do I need an attorney for a quitclaim deed in Delaware?

Yes, Delaware is an attorney-closing state. All real estate closings in Delaware must be conducted by a licensed attorney. Even for a simple quitclaim deed transfer between family members, an attorney should prepare the deed to ensure it meets Delaware's legal requirements and is properly recorded.

Where do I record a Delaware quitclaim deed?

You must take the original, notarized deed to the County Recorder of Deeds in the jurisdiction where the property is physically located and pay the required recording fee.

Does a quitclaim deed transfer my mortgage in Delaware?

No, a deed only transfers the property title. It does not eliminate your financial obligation to pay an existing mortgage. You remain responsible for the loan unless the lender explicitly agrees to a refinance or assumption.

Are there transfer taxes on a Delaware quitclaim deed?

2-4% (split buyer/seller by convention). Additional local recording fees also apply when filing the deed.

Can I write my own quitclaim deed in Delaware?

Yes, you can draft your own deed as long as it strictly adheres to Delaware's legal requirements for formatting, legal description, and notarization.