Arizona Quitclaim Deed

Introduction

Key Things to Know

1. 1

   Arizona has no real estate transfer tax. Ariz. Const. art. IX, Section 24, adopted as the 2008 Protect Our Homes measure, constitutionally bars any new tax, fee, or stamp on conveying an interest in real property, so recording a quitclaim deed triggers no documentary or deed tax. What most deeds do need is an Affidavit of Property Value appended at recording under A.R.S. Section 11-1133, unless the transfer is exempt under A.R.S. Section 11-1134 (for example a gift or a no-consideration quit claim).

2. 2

   A quitclaim deed, sometimes typed as a quit claim deed, transfers only the interest you actually have in the property to the grantee and makes no promise that the title is clear or even that you own anything. A warranty deed, by contrast, guarantees the title, which is why a quitclaim is used mainly between people who already trust each other.

3. 3

   Record it with the county recorder. Under A.R.S. Section 33-411 an Arizona deed is recorded with the county recorder of the county where the property is located, and many counties accept electronic recording under Arizona's Uniform Real Property Electronic Recording Act (A.R.S. Section 11-487). Recording gives public notice and, because Arizona is a notice state, protects the grantee against a later buyer for value who purchases without notice (A.R.S. Section 33-412).

4. 4

   You must sign before a notary, and no witnesses are required. A.R.S. Section 33-401 asks only for the grantor's signature and a notarial acknowledgment before an officer authorized to take acknowledgments; it imposes no witness requirement, so that acknowledgment is what makes the deed recordable.

5. 5

   Arizona has a statutory quit claim form. A.R.S. Section 33-402 sets out short-form language: for the consideration stated, I hereby quit claim to the grantee all my interest in the described property. It conveys only the grantor's interest with no warranty, in contrast to the warranty deed form in the same section that carries covenants of title.

6. 6

   Arizona codifies the recording format. A.R.S. Section 11-480 requires a deed executed on or after January 1, 1991 to be no larger than 8.5 by 14 inches, use type no smaller than 10 point, keep at least a half-inch margin on every side, and reserve a top margin of at least 2 inches on the first page for the county recorder's recording information.

7. 7

   Both spouses must sign to convey community property. Arizona is a community-property state, and A.R.S. Section 33-452 makes a conveyance of community real estate invalid unless both spouses execute and acknowledge it. Common quitclaim uses include divorce transfers, adding or removing a spouse, and moving a home into a living trust.

Arizona Requirements for Quitclaim Deed

• Sign Before a Notary Public

  An Arizona deed must be signed by the grantor and acknowledged before a notary public to be valid and recordable. A.R.S. Section 33-401 requires both the grantor's signature and a notarial acknowledgment; without that acknowledgment the county recorder will not record the deed.

• No Witnesses Are Required

  Arizona does not require witnesses to sign a deed. A.R.S. Section 33-401 imposes only a signature and a notary acknowledgment, so notarization, not subscribing witnesses, is the operative formality for a quitclaim deed.

• Record With the County Recorder

  Record the signed, notarized deed with the county recorder of the county where the property is located (A.R.S. Section 33-411). Arizona is a notice state, so recording protects the grantee against a later purchaser for value who buys without notice (A.R.S. Section 33-412).

• Arizona Charges No Real Estate Transfer Tax

  Arizona imposes no real estate transfer, documentary, or deed tax. Ariz. Const. art. IX, Section 24 constitutionally bars any new tax, fee, or stamp on conveying an interest in real property, so no transfer tax is due when you record a quitclaim deed.

• Append an Affidavit of Property Value

  Most Arizona deeds must have an Affidavit of Property Value, on the Department of Revenue form, appended when the deed is recorded (A.R.S. Section 11-1133). This is a recording filing, not a tax, and the county recorder collects a small filing fee for it.

• Affidavit of Value Exemptions

  Some transfers are exempt from the Affidavit of Property Value under A.R.S. Section 11-1134, including a quit claim executed for no monetary consideration, a deed of gift, a transfer between spouses, and a transfer creating community property with right of survivorship. Note the exemption code on the face of the deed.

• Use the Statutory Quit Claim Form

  Arizona publishes a statutory quit claim form at A.R.S. Section 33-402: for the consideration stated, I hereby quit claim to the grantee all my interest in the described property. Because it conveys only the grantor's existing interest and uses no words of warranty, it carries no covenant of title, unlike the warranty deed form in the same statute.

• Both Spouses Must Sign Community Property

  Arizona is a community-property state. A.R.S. Section 33-452 makes a conveyance or encumbrance of community property invalid unless both spouses execute and acknowledge it. A quitclaim deed of community real estate signed by only one spouse is ineffective.