Indiana Quitclaim Deed

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What Is an Indiana Quitclaim Deed?

An Indiana 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 Indiana

  • 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.

Indiana 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 witnesses are required by Indiana law.
  • Recording: The deed must be filed with the County Recorder in the county or jurisdiction where the land is located.
  • Transfer Tax / Recording Fees: $1.00 per $500 (state) + county surcharges. Sales disclosure form required.
  • Legal Description: A complete and accurate legal description of the property is mandatory.

Quitclaim Deed vs Other Deeds in Indiana

The primary difference is the level of title protection. An Indiana 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 a sales disclosure form for an Indiana quitclaim deed?

Yes. Indiana requires a Sales Disclosure Form (Form 46021) to be filed with the county auditor along with the deed. This form discloses the sale price, property characteristics, and any applicable exemptions. For quitclaim deeds with no consideration (such as transfers between family members), you must still file the form and mark the appropriate exemption code. The county auditor will not accept the deed for transfer without the completed disclosure.

What are the transfer taxes on an Indiana quitclaim deed?

Indiana charges a transfer tax of $1.00 per $500 of the property's sale price (0.2%). Some counties also impose a supplemental county fee. The tax is collected by the county recorder at the time of filing. Additionally, a surcharge may apply in certain jurisdictions. For deeds with no consideration, the transfer tax may be waived if the proper exemption is claimed on the sales disclosure form.

Where do I record an Indiana quitclaim deed?

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

Does a quitclaim deed transfer my mortgage in Indiana?

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 an Indiana quitclaim deed?

$1.00 per $500 (state) + county surcharges. Additional local recording fees also apply when filing the deed.

Can I write my own quitclaim deed in Indiana?

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