Arkansas Quitclaim Deed
An Arkansas quitclaim deed (or quit claim deed) transfers your interest with no warranty. Acknowledge it, record with the county recorder, pay transfer tax.
Introduction
A quitclaim deed is a document that transfers whatever ownership interest you have in a piece of real estate to someone else, with no promise that your title is good or even that you own anything at all. That is the key difference from a warranty deed, which does promise clear title and lets the grantee sue if the title turns out to be flawed. A quitclaim simply passes along whatever interest you hold, so people use it for lower-risk transfers between people who already trust each other: adding or removing a spouse after a marriage or divorce, moving a home into a living trust, or clearing up a possible claim on a title. In Arkansas the person giving up the interest is the grantor and the person receiving it is the grantee. Arkansas creates a covenant of warranty only when a deed uses the words grant, bargain and sell (Ark. Code Ann. Section 18-12-102), and a quitclaim omits those words, so it carries no warranty of title. You sign the deed and have it acknowledged before a notary public, then record it with the county recorder in the county where the land lies. Arkansas also charges a real property transfer tax of $3.30 per $1,000 of consideration above $100. Attorney review is available as an option before you sign.
Key Things to Know
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A quitclaim deed transfers only the interest you actually have. It passes whatever ownership you hold 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 (often typed quit claim deed) is used mainly between people who trust each other.
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Record it with the county recorder. An Arkansas deed is recorded with the county recorder of the county where the land lies (Ark. Code Ann. Section 14-15-402). The Arkansas county circuit clerk serves as the ex officio recorder. Recording gives constructive notice, and an unrecorded deed is void against a later purchaser for value without actual notice (Section 14-15-404).
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Have it acknowledged before a notary. A deed is recorded once it is proved or acknowledged according to law (Ark. Code Ann. Section 14-15-402), and an unacknowledged, unrecorded deed is void against a later good-faith purchaser (Section 14-15-404). In current recording practice the grantor signs and acknowledges the deed before a notary public, and county recorders accept the notarized deed for recording.
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There is a two-witness rule to know. Ark. Code Ann. Section 18-12-104 by its terms provides that a deed be executed in the presence of two disinterested witnesses or, in default, be acknowledged by the grantor before two such witnesses who then subscribe it. Because notarial acknowledgment is the standard route today, confirm your county recorder's current practice; when witnesses are used, both must be disinterested (they get nothing under the deed).
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Pay the real property transfer tax. Arkansas imposes a real property transfer tax of $3.30 per $1,000 of the actual consideration when the transaction exceeds $100 (Ark. Code Ann. Section 26-60-105; Arkansas Department of Finance and Administration). Before recording, the deed needs documentary stamps or a documentary symbol showing full payment plus an affidavit of compliance, or, for an exempt transfer, the statement that the instrument is exempt (Sections 26-60-110 and 26-60-107).
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There is no Arkansas quitclaim form to fill in. Arkansas has no codified fill-in statutory quitclaim deed form; conveyances are governed generally by Ark. Code Ann. Sections 18-12-101 and 18-12-102. The statutory warranty covenant attaches only from the words grant, bargain and sell (Section 18-12-102), so a quitclaim that omits those words conveys only the grantor's present interest with no warranty.
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A spouse usually must join. No instrument affecting the homestead of a married person is valid unless the spouse joins in the deed or conveys by a separate acknowledged document (Ark. Code Ann. Section 18-12-403), and Arkansas still recognizes dower and curtesy (Section 28-11-301). Common quitclaim uses include divorce transfers, adding or removing a spouse, and moving a home into a living trust.
Key decisions before you file
Before you file a Quitclaim Deed in Arkansas, a few decisions shape the document: which option to choose and what each one means. The Quitclaim Deed guide walks through them.
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Arkansas Requirements for Quitclaim Deed
To record an Arkansas quitclaim deed the grantor signs and acknowledges it before a notary public. A deed is recorded once it is proved or acknowledged according to law (Ark. Code Ann. Section 14-15-402), and an unacknowledged, unrecorded deed is void against a later good-faith purchaser (Section 14-15-404). County recorders accept the notarized deed for recording.
Ark. Code Ann. Section 18-12-104 provides by its terms that a deed be executed in the presence of two disinterested witnesses or, in default, be acknowledged by the grantor before two such witnesses who then subscribe it. Notarial acknowledgment is the standard modern route, so confirm your county recorder's current requirement; if witnesses are used, both must be disinterested, meaning they take nothing under the deed.
Record the signed, acknowledged deed with the county recorder of the county where the land lies (Ark. Code Ann. Section 14-15-402). The Arkansas county circuit clerk serves as the ex officio recorder, so you file at the circuit clerk's office. Recording gives constructive notice, and an unrecorded deed is void against a later purchaser for value without actual notice (Section 14-15-404).
Arkansas imposes a real property transfer tax of $3.30 per $1,000 of the actual consideration when the transaction exceeds $100 (Ark. Code Ann. Section 26-60-105; Arkansas Department of Finance and Administration). The tax is due on the consideration paid, so a true no-consideration gift or a $100-or-less transfer falls outside it.
Before the recorder will record the deed, attach documentary stamps or a documentary symbol showing full payment of the transfer tax plus an affidavit of compliance (Ark. Code Ann. Sections 26-60-110 and 26-60-107). For an exempt transfer, such as a division of marital property in a divorce, the deed must instead state that this instrument is exempt from the real property transfer tax (Section 26-60-102).
Arkansas has no codified fill-in statutory quitclaim deed form; conveyances are governed generally by Ark. Code Ann. Sections 18-12-101 and 18-12-102. The statutory warranty covenant attaches only from the words grant, bargain and sell (Section 18-12-102), so a quitclaim that omits those words conveys only the grantor's present interest with no warranty of title.
No conveyance affecting the homestead of a married person is valid unless the spouse joins in the deed or conveys by a separate acknowledged document (Ark. Code Ann. Section 18-12-403). A quitclaim of homestead signed by one spouse alone may be invalid, so obtain the non-owner spouse's signature when the property is or may be the homestead.
Arkansas still recognizes dower and curtesy (Ark. Code Ann. Section 28-11-301). A married grantor's spouse holds a dower or curtesy interest that survives a sale made during the marriage unless the spouse relinquishes it in legal form. Having the spouse join in and acknowledge the quitclaim deed relinquishes that interest and avoids a later claim on the title.
Frequently Asked Questions
A quitclaim deed is a deed that transfers whatever interest you have in Arkansas real estate to someone else, without any warranty that the title is good. It is often typed as a quit claim deed. Unlike a warranty deed, it makes no promise that you own the property or that the title is free of other claims. It simply passes along the interest you hold, if any, to the grantee.
The difference is the promise about title. An Arkansas warranty deed uses the words grant, bargain and sell, which create an express covenant that the grantor owns the property free of encumbrances the grantor caused (Ark. Code Ann. Section 18-12-102), and the grantee can sue if that is false. A quitclaim deed omits those words, so no warranty covenant attaches and the grantee receives only whatever interest the grantor actually holds.
In practice you sign and acknowledge the deed before a notary public, and the county recorder records the notarized deed. Recording requires the deed be proved or acknowledged according to law (Ark. Code Ann. Section 14-15-402). Section 18-12-104 also describes a two disinterested witness alternative, so confirm your county recorder's current requirement before signing. An unacknowledged, unrecorded deed is void against a later good-faith purchaser (Section 14-15-404).
You record it with the county recorder of the county where the property is located (Ark. Code Ann. Section 14-15-402). In Arkansas the county circuit clerk serves as the ex officio recorder, so you file at the circuit clerk's office. Recording gives constructive notice, and an unrecorded deed is void against a later purchaser for value who takes without actual notice (Section 14-15-404).
Arkansas charges a real property transfer tax of $3.30 per $1,000 of the actual consideration when the transaction exceeds $100 (Ark. Code Ann. Section 26-60-105; Arkansas Department of Finance and Administration). Before recording you attach documentary stamps or a documentary symbol showing full payment plus an affidavit of compliance. Some transfers are exempt, including a division of marital property in a divorce, and the deed must then state that it is exempt (Sections 26-60-102, 26-60-107, and 26-60-110).
No. Recording your quitclaim deed with the Arkansas county recorder, the circuit clerk serving as ex officio recorder (Ark. Code Ann. Section 14-15-402), moves your interest to the grantee, but it does not reach the lender's mortgage lien. If you signed the note, you stay liable on the loan even after you quitclaim the property away. Being released takes the lender agreeing to refinance the loan or formally remove you from it.
Usually yes if the property is the homestead. No instrument affecting the homestead of a married person is valid unless the spouse joins in the deed or conveys by a separate acknowledged document (Ark. Code Ann. Section 18-12-403). Arkansas also still recognizes dower and curtesy (Section 28-11-301), a spousal interest that survives a sale made during the marriage unless the spouse relinquishes it in legal form. Both rules point to getting the non-owner spouse's signature.
No. A quitclaim gives no title guarantee: Arkansas creates a warranty covenant only from the words grant, bargain and sell (Ark. Code Ann. Section 18-12-102), which a quitclaim omits, so you receive only whatever interest the grantor holds and no liens are cleared. Arkansas follows a notice/race-notice rule where recording protects a later purchaser without actual notice (Section 14-15-404), but only a title search and title insurance guard against existing liens.