Georgia Quitclaim Deed

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What Is a Georgia Quitclaim Deed?

An Georgia 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 Georgia

  • 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.

Georgia 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: 0 (legally just notary needed, though 1 witness is recommended) witnesses are required by Georgia law.
  • Recording: The deed must be filed with the County Clerk of Superior Court in the county or jurisdiction where the land is located.
  • Transfer Tax / Recording Fees: $1.00 per $1,000. Attorney-closing state; transfer tax on deed.
  • Legal Description: A complete and accurate legal description of the property is mandatory.

Quitclaim Deed vs Other Deeds in Georgia

The primary difference is the level of title protection. An Georgia 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

Do I need an attorney to file a quitclaim deed in Georgia?

Georgia is an attorney-closing state, and the Georgia Supreme Court has held that real estate closings constitute the practice of law. While a simple quitclaim transfer between family members may not strictly require an attorney, it is strongly recommended. A Georgia attorney should prepare or review the deed to ensure compliance with Georgia Code § 44-5-30 and proper recording format.

Does Georgia charge a transfer tax on quitclaim deeds?

Yes. Georgia charges a real estate transfer tax of $1.00 per $1,000 of the property's value (0.1%). The tax is paid by the seller unless otherwise agreed. For deeds with no consideration (such as gifts between family members), the tax may be based on the property's fair market value, though exemptions exist for certain familial transfers.

Where do I record a Georgia quitclaim deed?

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

Does a quitclaim deed transfer my mortgage in Georgia?

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 Georgia quitclaim deed?

$1.00 per $1,000. Additional local recording fees also apply when filing the deed.

Can I write my own quitclaim deed in Georgia?

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