Quitclaim deeds function to convey the interest in a property from one party to another. This type of deed does not offer a warranty from the grantor to the grantee that the property title is not free and clear of any defects. Each state has specific rules and regulations that determine whether a quitclaim deed can be deemed valid in that state. In addition to the specific verbiage contained in the deed, each state and county puts in place its own recording requirements. Tennessee quitclaim deeds must meet certain criteria before they can be recorded.
The state of Tennessee requires all deeds to be signed and sealed by a notary public. The notary acts as a witness to the signing of the document. Additionally, the notary verifies that the party signing is who he claims to be and that he was not forced into signing the deed against his will.
In addition to the notary public, it is not required to have another witness sign a quitclaim deed in Tennessee. If the parties involved in the transfer wish to have a witness sign, he needs to clearly print his name under his signature on the deed. The witness will not need to be acknowledged by the notary public.
To record a quitclaim with a county's Register of Deeds in Tennessee, the document must meet additional criteria. The signatures need to be original; no copies will be accepted. The name of the preparer of the deed should be listed on the document. The new owner's address, if different than the property address, should be included on the deed, and the property description needs to contain a current derivation clause--a written statement that includes the grantor's name and the recording date of the deed. Finally, if the transfer is taxable all fees must be paid to record the deed.
Granting property to someone via a quitclaim deed does not grant them the ownership of the title in Tennessee. Due to the language the deed contains, quitclaim deeds convey interest in the property only.
If a sale of the property is being conducted, a warranty deed should be used instead of a quitclaim deed. Warranty deeds function to complete the transfer of ownership as well as providing a guarantee to the buyer that the title is not clouded by any defects. Quitclaim deeds are generally used to add or remove someone from the title of a home such as a spouse, ex-spouse or child.
- Davidson County Register of Deeds: Filing Requirements
- Delaware Mortgage Loans: What Is a Quit Claim Deed?
- HG.org. "Contracts 101—Warranty vs Quitclaim Deeds." Accessed Aug. 12, 2020.
- Realtor.com. "When Do You Need to Get a Quitclaim Deed?' Accessed Aug. 12, 2020.
- DivorceNet. "Interspousal Transfers Versus Quit Claim Deeds." Accessed Aug. 12, 2020.
- California State Board of Equalization. "Property Ownership and Deed Recording," Page 7. Accessed Aug. 13, 2020.