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Tennessee Quitclaim Deed
PublicLegal-authored self-help deed form.
Provided for customers to complete with their own transaction information and submit to the proper local recording office. Recorder offices and state agencies may require separate supplemental forms, taxes, fees, or cover sheets, and requirements vary by jurisdiction and transaction. Review the product notes and confirm local recording requirements before relying on any completed deed.
What Is a Tennessee Quitclaim Deed?
A Tennessee quitclaim deed transfers whatever current interest the grantor has in Tennessee real estate, if any, without deed warranties. It is commonly used for known-party, family, trust, divorce-related, entity, or title-clearing transfers when the parties understand that warranty protection is not being given.
When to Use a Quitclaim Deed in Tennessee
- 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 the parties understand the no-warranty nature of a quitclaim deed.
Tennessee Requirements for Quitclaim Deeds
- Signing: The grantor's signature is usually acknowledged before a notary or proved by two subscribing witnesses if it is not acknowledged. A notarized Tennessee deed normally does not need separate witnesses.
- Recording: Record the deed with the County Register in the Tennessee county where the property is located. Property in more than one county may require recording in each county.
- Taxes: Tennessee's realty transfer tax is generally $0.37 per $100. For a true quitclaim deed, the tax basis is generally actual consideration. Quitclaim treatment is strictly construed, and adding warranty, habendum, fee-simple, or title-covenant language can change the tax and deed treatment. A separate indebtedness tax may apply to mortgages or deeds of trust. The statutory payer is the grantee or transferee, although contracts may allocate costs differently.
- Oath / affidavit of consideration: A Tennessee quitclaim deed generally needs a face-of-instrument oath or affidavit of consideration unless Tennessee counsel or the County Register confirms an exemption or different accepted procedure. The affiant should be the grantee, the grantee's agent, or trustee for the grantee.
- Recording details: Tennessee recording commonly requires a derivation or source-of-title clause, preparer name and address, grantee name and address, tax-bill mailing address, parcel identification number or affidavit, and full legal description.
- Homestead: If a married owner is conveying a principal residence or homestead, obtain title-company or attorney review on whether spousal consent or joinder is needed.
Quitclaim Deed vs Warranty Deed in Tennessee
A Tennessee quitclaim deed provides no deed warranties. A Tennessee warranty deed provides warranty covenants and is more common for arm's-length sales. Tennessee does not authorize a real-property transfer-on-death deed and does not recognize a Lady Bird deed as a probate-avoidance substitute.
Frequently Asked Questions
Who provides this deed form?
This is a PublicLegal-authored self-help deed form template for customers to complete with their own transaction information. It is not an official Tennessee state form.
Does Tennessee require witnesses for a quitclaim deed?
A Tennessee deed is usually acknowledged before a notary or other authorized officer. If it is not acknowledged, it may be proved by two subscribing witnesses. A notarized deed normally does not need separate witnesses.
How is Tennessee transfer tax calculated for a quitclaim deed?
Tennessee's realty transfer tax is generally $0.37 per $100. For a true quitclaim deed, the tax basis is generally actual consideration. Quitclaim treatment is strictly construed, and the document title is not controlling if the deed language gives warranty or conveys more than the grantor's interest. Confirm tax, exemption, and consideration-affidavit handling with the County Register, title company, attorney, or tax professional.
Does a Tennessee quitclaim deed need an oath or affidavit of consideration?
Usually yes unless an exemption or different county-accepted procedure applies. The affiant should be the grantee, the grantee's agent, or trustee for the grantee, not the grantor. Confirm the required wording and tax treatment with the County Register, title company, attorney, or tax professional.
Can I use a Tennessee TOD or Lady Bird deed?
Tennessee does not authorize real-property transfer-on-death deeds and does not recognize Lady Bird deeds. Use attorney-guided estate-planning tools such as a revocable trust or express survivorship planning when appropriate.
"What does ILRG guarantee?"
ILRG provides self-help deed forms and download support. PublicLegal-authored deed forms are provided for customers to complete with their own transaction information. Deed recording requirements, supplemental forms, transfer taxes, title-company practices, and legal suitability vary by jurisdiction and transaction. If you are not 100 percent satisfied after purchasing from us, contact us for a refund.