Louisiana Quitclaim Deed

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What Is a Louisiana Quitclaim Deed?

In Louisiana's civil law system, a quitclaim deed is more accurately referred to as a "quitclaim act" or "act of quitclaim." It is a legal instrument used to transfer whatever interest, rights, or title a person (the grantor/transferor) currently holds in immovable property (real estate) to another person (the grantee/transferee), without making any warranties about the validity of the title. If the transferor does not own the property, the transferee receives nothing and has no legal recourse against the transferor.

When to Use a Quitclaim Act in Louisiana

Because it provides no warranty of title, a quitclaim act is rarely used in standard commercial or residential sales. It is primarily used to clear title issues or transfer property between related parties. Common uses include:

  • Releasing a spouse's interest in community property following a divorce or separation.
  • Clearing a "cloud" on a title by having a potential claimant formally relinquish their rights.
  • Transferring property interests between family members or heirs to consolidate ownership.
  • Moving immovable property into an LLC or trust for estate planning purposes.

Louisiana Requirements for Quitclaim Acts

  • Signing: The transferor must sign the act. The transferee's signature is often included to signify acceptance.
  • Authentic Act: Louisiana utilizes an "authentic act" structure. The document is typically signed in the presence of a notary public and two witnesses. While a quitclaim can technically be an act under private signature duly acknowledged, an authentic act (notary + 2 witnesses) is the gold standard for recording.
  • Witnesses: For an authentic act, 2 witnesses must sign alongside the notary.
  • Recording: The act must be recorded in the conveyance records of the Parish Recorder of Conveyances (usually the Clerk of Court) in the parish where the immovable property is located.
  • Transfer Tax: Louisiana does not impose a state real estate transfer tax.
  • Property Description: A detailed municipal or legal description of the immovable property is required.

Quitclaim Act vs Act of Sale in Louisiana

A quitclaim act transfers only the rights the transferor currently possesses, with no guarantee that those rights are valid. An Act of Sale (the Louisiana equivalent of a warranty deed) includes full warranties of title against eviction and hidden defects (redhibition), providing the buyer with significant legal protection and recourse if title issues arise.

Frequently Asked Questions

Does Louisiana use common law deeds?

No. Louisiana operates under a civil law system. Real estate is called "immovable property," and transfers are conducted via "acts" (e.g., Act of Sale, Act of Donation, Quitclaim) rather than common law deeds.

What is an Authentic Act?

An authentic act is a writing executed before a notary public and two witnesses. It is self-proving in Louisiana courts and is the preferred method for executing property transfers.

Where do I record a property transfer in Louisiana?

Documents must be recorded in the conveyance records at the office of the Parish Clerk of Court (or the Recorder of Mortgages and Conveyances in Orleans Parish).

Are there transfer taxes in Louisiana?

No, Louisiana does not have a state or local documentary transfer tax, though standard recording fees apply.

Can I use a quitclaim act to donate property?

If you are giving property without receiving payment, an Act of Donation is the proper instrument in Louisiana. An Act of Donation has strict formal requirements and must be executed as an authentic act.

Does my spouse need to sign a quitclaim act for community property in Louisiana?

Louisiana is a community property state. Property acquired during a marriage is presumed to be community property, and both spouses must consent to any transfer of community immovable property. Even if only one spouse's name appears on the title, the other spouse generally must sign the act if the property was acquired during the marriage. Failure to obtain both signatures can render the transfer void or voidable.