Georgia Quitclaim Deed
A Georgia quitclaim deed (or quit claim deed) needs a notary plus one witness, then recording with the clerk of the superior court. Attorney review available.
Introduction
A quitclaim deed is a document that transfers whatever ownership interest you have in 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, also called a non-warranty deed in Georgia, 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, or moving a home into a living trust. The person giving up the interest is the grantor and the person receiving it is the grantee. Georgia law carries no implied warranty of title in a sale of land (O.C.G.A. Section 44-5-61), so a quitclaim conveys with no warranty. To execute a Georgia deed you sign it before an attesting officer, usually a notary public, and it must also be attested by one other witness (O.C.G.A. Section 44-5-30). You then record it with the clerk of the superior court in the county where the land is located (O.C.G.A. Section 44-2-1), after paying the real estate transfer tax. 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 is used mainly between people who trust each other.
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Record it with the clerk of the superior court. Under O.C.G.A. Section 44-2-1 every deed conveying land is recorded in the office of the clerk of the superior court of the county where the land is located. An unrecorded deed loses priority to a later deed from the same grantor taken without notice, so record it promptly.
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Sign before an attesting officer and one witness. O.C.G.A. Section 44-5-30 requires a Georgia deed to be signed by the maker, attested by an officer (a notary public, judge, magistrate, or clerk of a superior court under O.C.G.A. Section 44-2-15), and attested by one other witness. A deed signed before a notary alone, with no second witness, does not meet the statute.
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Pay the real estate transfer tax and file a PT-61. Georgia charges a real estate transfer tax of $1.00 for the first $1,000 of the sale price and 10 cents for each additional $100 (O.C.G.A. Section 48-6-1). The tax must be paid before the clerk will record the deed (O.C.G.A. Section 48-6-4), and a PT-61 Real Estate Transfer Tax Declaration disclosing the consideration is filed with the deed.
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There is no Georgia quit claim deed form to fill in. O.C.G.A. Section 44-5-33 says no prescribed form is essential to a deed's validity, so long as it makes the transaction between the parties clear. Georgia publishes no statutory quitclaim deed; a quitclaim uses release-and-quitclaim words instead of warranty covenants.
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No spouse's signature is needed to convey separate property. Georgia is a common-law (separate property) state and has abolished dower and curtesy (O.C.G.A. Section 53-1-3), so a non-owner spouse does not have to join in a deed of the titled spouse's own real property. This differs from community-property states.
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Common uses include divorce and estate planning. People often use a Georgia quit claim deed (sometimes typed quick claim deed) to add or remove a spouse after a marriage or divorce, to move a home into a living trust, or to clear up a possible claim on a title. It is not meant for an arm's length purchase where you want title protection.
Key decisions before you file
Before you file a Quitclaim Deed in Georgia, 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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Georgia Requirements for Quitclaim Deed
O.C.G.A. Section 44-5-30 requires a Georgia deed to be signed by the maker and attested by an officer. Under O.C.G.A. Section 44-2-15 that officer may be a notary public, a judge of a court of record, a magistrate, or a clerk or deputy clerk of a superior court. The officer attests the grantor's signing, which is the acknowledgment that lets the deed be recorded.
In addition to the attesting officer, O.C.G.A. Section 44-5-30 requires a Georgia deed to be attested by one other witness, so there are two attesting signatures in all. A deed signed before a notary alone, with no second witness, does not meet the statute. A deed executed outside Georgia must be attested by two witnesses, one of whom may be a listed official (O.C.G.A. Section 44-2-21).
Record the signed, attested deed with the clerk of the superior court of the county where the land is located (O.C.G.A. Section 44-2-1). Recording protects the grantee, because an unrecorded deed loses priority to a later deed from the same grantor taken in good faith without notice (O.C.G.A. Section 44-2-2). Most Georgia counties also offer electronic recording.
Georgia imposes a real estate transfer tax of $1.00 for the first $1,000 of the sale price and 10 cents for each additional $100 (O.C.G.A. Section 48-6-1). The seller is liable for the tax, and it must be paid before the clerk of the superior court will record the deed (O.C.G.A. Section 48-6-4).
O.C.G.A. Section 48-6-4 requires a written disclosure of the actual consideration on the PT-61 Real Estate Transfer Tax Declaration, the form set by the Department of Revenue and filed electronically through the Georgia Superior Court Clerks Cooperative Authority. Complete the PT-61 online and file a printed copy with the deed at the clerk's office.
Some transfers are exempt from the real estate transfer tax under O.C.G.A. Section 48-6-2, including a deed of gift, a transfer of real estate between spouses in connection with a divorce, an instrument given to secure a debt, and a division between joint tenants for no consideration other than the division.
Georgia publishes no statutory quitclaim deed form. O.C.G.A. Section 44-5-33 provides that no prescribed form is essential to the validity of a deed, so long as it is sufficient to make known the transaction between the parties. A quitclaim uses remise-and-release language and carries no warranty of title, because Georgia recognizes no implied warranty of title in a sale of land (O.C.G.A. Section 44-5-61).
Georgia is a common-law, separate-property state and has abolished dower and curtesy (O.C.G.A. Section 53-1-3). No statute requires a non-owner spouse to join in or sign a deed conveying the titled spouse's own real property, unlike community-property states. Confirm how title is held before signing.
Frequently Asked Questions
A quitclaim deed, also called a non-warranty deed in Georgia and often typed as a quit claim deed, transfers whatever interest you have in real estate to someone else without any warranty that the title is good. Georgia law carries no implied warranty of title in a sale of land (O.C.G.A. Section 44-5-61). It simply passes along the interest you hold, if any, and makes no promise that you own the property.
The difference is the promise about title. A Georgia warranty deed includes express covenants that the grantor owns the property and that the title is clear, and the grantee can sue if that turns out to be false. A quitclaim deed includes no such covenants. Because O.C.G.A. Section 44-5-61 provides that a land sale carries no implied warranty of title, a quitclaim conveys only whatever interest the grantor has, with no protection for the grantee.
Yes to both. O.C.G.A. Section 44-5-30 requires a Georgia deed to be signed by the maker, attested by an officer such as a notary public, and attested by one other witness. That means two attesting signatures in all: the officer plus one additional witness. A deed signed before a notary alone will not meet the statute, and the clerk requires proper attestation before recording.
You record it with the clerk of the superior court in the county where the land is located, as O.C.G.A. Section 44-2-1 requires. Recording gives public notice and protects the grantee, because an unrecorded deed loses priority to a later deed from the same grantor taken in good faith without notice (O.C.G.A. Section 44-2-2). Most counties also offer electronic recording.
You pay the clerk's recording fee plus the real estate transfer tax. The transfer tax is $1.00 for the first $1,000 of the sale price and 10 cents for each additional $100 (O.C.G.A. Section 48-6-1). It must be paid before the deed can be recorded (O.C.G.A. Section 48-6-4). A deed of gift and a transfer between spouses in a divorce are exempt (O.C.G.A. Section 48-6-2).
No. Recording your quitclaim deed with the clerk of the superior court passes your interest to the grantee, but it does not reach the lender's lien or the promissory note behind it. If your name is on the loan, you stay personally liable even after you quitclaim your interest away. To come off the mortgage you need the lender to refinance it or sign a release, because the recorded deed alone cannot do that.
Usually yes. O.C.G.A. Section 48-6-4 requires a written disclosure of the actual consideration on the PT-61 Real Estate Transfer Tax Declaration, which is completed online and filed with the deed at the clerk of the superior court. The PT-61 supports the transfer tax the clerk collects before recording. Even an exempt transfer generally files a PT-61 that states the exemption.
No. Georgia recognizes no implied warranty of title in a sale of land (O.C.G.A. Section 44-5-61), and there is no statutory quitclaim form (O.C.G.A. Section 44-5-33), so the deed conveys only the grantor's present interest and clears no liens or other claims. Recording is race-notice under O.C.G.A. Section 44-2-2, which fixes priority but does not confirm title. A title search and title insurance, not a quitclaim, give the protection you want in an arm's length purchase.