Connecticut Quitclaim Deed

Introduction

Key Things to Know

1. 1

   A quitclaim deed (often typed as quit claim 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 is used mainly between people who trust each other.

2. 2

   Record it with the town clerk. Connecticut records land at the town level, not the county level. Under Conn. Gen. Stat. Section 47-10 a conveyance is not effectual against anyone but the grantor and the grantor's heirs unless it is recorded on the land records of the town in which the land lies.

3. 3

   You must sign before two witnesses and a notary. Conn. Gen. Stat. Section 47-5 requires a conveyance of land to be in writing, subscribed by the grantor, attested to by two witnesses with their own hands, and acknowledged by the grantor to be a free act and deed. All three formalities are needed.

4. 4

   Connecticut is a two-witness state. Section 47-5(a)(4) requires two attesting witnesses, and the statutory quitclaim form in Section 47-36c prints two Witnessed by signature lines. Missing witnesses is a defect in how the deed is executed, so do not skip them.

5. 5

   Expect a real estate conveyance tax. Conn. Gen. Stat. Section 12-494 imposes a conveyance tax in two parts on deeds where the consideration (the value paid) is two thousand dollars or more: a state portion payable to the Commissioner of Revenue Services and a municipal portion payable to the town.

6. 6

   File the conveyance tax return to record. Section 12-497 says the town clerk may not record a taxable deed unless the return prescribed by the Commissioner of Revenue Services has been filed and the tax paid. That return is Form OP-236, the Connecticut Real Estate Conveyance Tax Return, filed with the town clerk.

7. 7

   There is a statutory quitclaim form, and common exemptions exist. Section 47-36c gives the form and Section 47-36f states its effect (no covenants of title). Deeds between spouses and deeds made under a divorce decree (Section 46b-81) are exempt from the conveyance tax under Section 12-498, which covers many divorce and family transfers.

Connecticut Requirements for Quitclaim Deed

• Sign Before Two Witnesses

  Connecticut is a two-witness state. Conn. Gen. Stat. Section 47-5(a)(4) requires a conveyance of land to be attested to by two witnesses with their own hands, and the statutory quitclaim form in Section 47-36c prints two Witnessed by signature lines. Both witnesses must sign for the deed to be properly executed.

• Acknowledge the Deed Before a Notary

  The grantor must acknowledge the deed to be a free act and deed before a notary or other authorized officer. Conn. Gen. Stat. Section 47-5(a)(3) requires this acknowledgment in addition to the two attesting witnesses, so a valid Connecticut quitclaim deed needs both the witnesses and the notary.

• Record With the Town Clerk

  Record the signed, witnessed, and notarized deed with the town clerk of the town where the property lies. Connecticut records land at the town level, not the county level. Under Conn. Gen. Stat. Section 47-10 a conveyance is not effectual against anyone but the grantor and the grantor's heirs unless it is recorded on that town's land records.

• Pay the Real Estate Conveyance Tax

  Conn. Gen. Stat. Section 12-494 imposes a real estate conveyance tax in two parts on deeds where the consideration (the value paid) is two thousand dollars or more: a state portion payable to the Commissioner of Revenue Services (a base of three-quarters of one percent for residential property, higher for nonresidential and for residential value above eight hundred thousand dollars) and a municipal portion of one-quarter of one percent payable to the town.

• File the OP-236 Conveyance Tax Return

  Conn. Gen. Stat. Section 12-497 provides that the town clerk may not record a taxable deed unless the return prescribed by the Commissioner of Revenue Services has been filed and the tax paid. That return is Form OP-236, the Connecticut Real Estate Conveyance Tax Return, filed with the town clerk at recording, either online through myCTREC or on the fillable OP-236 for towns that are not electronic.

• Conveyance Tax Exemptions for Spouses and Divorce

  Some deeds are exempt from the conveyance tax under Conn. Gen. Stat. Section 12-498. Deeds between spouses are exempt under Section 12-498(a)(14), deeds made pursuant to a divorce decree under Section 46b-81 are exempt under Section 12-498(a)(9), and a transfer where the consideration is less than two thousand dollars is exempt under Section 12-498(a)(10).

• Use the Statutory Quitclaim Form (No Covenants of Title)

  Connecticut has a codified statutory quitclaim form at Conn. Gen. Stat. Section 47-36c, which uses the phrase with quitclaim covenants. Section 47-36f states its force and effect: a Quitclaim Deed conveys all of the grantor's right, title, and interest but without any covenants of title, so despite the form's wording it carries no warranty of title and passes only the interest the grantor actually holds.

• Include the Grantee Address and Correct Formatting

  The deed must include the grantee's current mailing address (Conn. Gen. Stat. Section 47-5(b)). Under Section 7-24(f) each recorded instrument must have a blank margin of at least three-fourths of an inch around each page and a return address and addressee at the top of the first page. The town clerk cannot refuse a nonconforming instrument and nonconformity does not affect priority, but correct formatting avoids delay.