Maryland Quitclaim Deed

What Is a Maryland Quitclaim Deed?

A Maryland quitclaim deed transfers whatever interest the grantor currently has in Maryland real estate, without deed warranties. It is commonly used for known-party, family, divorce-related, trust, estate-planning, or title-clearing transfers when the parties understand that no warranty protection is being given.

When to Use a Quitclaim Deed in Maryland

• Transferring property between family members or former spouses when no deed warranty is intended.
• Moving real estate into or out of a trust or closely held entity, when appropriate.
• Clearing a title issue when a no-warranty quitclaim deed is the correct curative instrument.
• Using a no-warranty deed where the parties know and accept the title-risk allocation.

Maryland Requirements for Quitclaim Deeds

• Signing: The grantor signs the deed. Maryland has no general homestead spouse-joinder rule for separately held property, but tenancy by the entirety, title ownership, elective-share planning, and transaction facts can require legal review.
• Notarization: Maryland deeds must be signed and acknowledged before a notary or other authorized officer.
• Witnesses: Maryland does not require witnesses for ordinary deeds. Do not confuse deed execution with Maryland power-of-attorney witness rules.
• Recording: Record the deed in the Circuit Court land records for the county where the property is located. Baltimore City uses its own intake sheet.
• Taxes / Intake Sheet: Maryland deed recordings generally require a Land Instrument Intake Sheet and may involve state transfer tax, county recordation tax, and county transfer tax. The state transfer tax is generally 0.5%, with a first-time Maryland homebuyer discount to 0.25% when the statutory requirements apply.
• Nonresident Withholding: If the seller is a nonresident individual or entity, Maryland withholding under Tax-General section 10-912 may be required before recording unless an exemption or certificate applies.
• Legal Description: Use the full legal description from a prior deed, title commitment, survey, or other reliable title source. A street address or parcel number alone is usually not enough.

Quitclaim Deed vs Warranty Deed in Maryland

A quitclaim deed provides no deed warranties and is not the usual buyer-protection deed for an arm's-length sale. Maryland warranty protection depends on express covenant language. A special warranty deed is the more common Maryland residential warranty form, while a general warranty deed uses broader “warrant generally” language. Maryland has no separate “grant deed” category, and the word “grant” alone does not imply covenants.