Arkansas Quitclaim Deed

Introduction

Key Things to Know

1. 1

   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.

2. 2

   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).

3. 3

   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.

4. 4

   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).

5. 5

   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).

6. 6

   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.

7. 7

   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.

Arkansas Requirements for Quitclaim Deed

• Sign and Acknowledge Before a Notary Public

  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.

• Know the Two-Witness Statutory Alternative

  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 With the County Recorder (Circuit Clerk)

  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).

• 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). The tax is due on the consideration paid, so a true no-consideration gift or a $100-or-less transfer falls outside it.

• Attach Documentary Stamps and Affidavit Before Recording

  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).

• 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 of title.

• A Spouse Must Join to Convey the Homestead

  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.

• Account for Dower and Curtesy

  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.