Idaho Quitclaim Deed

Introduction

Key Things to Know

1. 1

   Idaho charges no real estate transfer tax. Idaho Code Section 63-307A states the legislature's intent not to impose any real estate transfer tax or excise tax, and it bars any county or political subdivision from imposing one. The only charge to record is the county recorder's flat per-instrument fee under Idaho Code Section 31-3205, which is based on pages, not on the property's value, so there is no transfer-tax declaration or value statement to file.

2. 2

   Idaho has no fill-in quitclaim form. Idaho Code Chapter 6 of Title 55 sets the content and execution rules for a conveyance (Idaho Code Section 55-601) but prescribes no statutory quitclaim form. Idaho Code Section 55-611, which is sometimes assumed to be one, is actually the statute on land bounded by a highway, not a deed form. Idaho Code Section 55-612 makes the statutory covenants of title arise only from the word grant, so a quitclaim, which uses release language, carries none of them.

3. 3

   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 as a quit claim deed) is used mainly between people who trust each other.

4. 4

   Record it with the county recorder. Under Idaho Code Section 55-811 a conveyance recorded with the county recorder of the county where the land lies gives constructive notice to later buyers. Idaho follows a race-notice priority rule under Idaho Code Section 55-812, which favors a good-faith purchaser for value whose deed is recorded first, so recording promptly protects the grantee.

5. 5

   You must notarize the deed to record it, but no witnesses are required. Idaho Code Section 55-805 requires the deed to be acknowledged (notarized), or its execution proved, before the county recorder will record it. Idaho does not require subscribing witnesses; Idaho Code Section 55-601 asks only that the grantor sign the instrument. The acknowledgment is a prerequisite to recording, not to the deed's validity between the grantor and grantee.

6. 6

   You may be able to record electronically. Idaho has adopted the Uniform Real Property Electronic Recording Act (Idaho Code Title 31, Chapter 29), so a county recorder that accepts electronic documents may receive, index, and store a quitclaim deed electronically. A recorder that offers e-recording must still accept paper deeds, so whether e-recording is available depends on the county where the land lies.

7. 7

   Both spouses must join to convey community property. Idaho is a community-property state, and Idaho Code Section 32-912 says neither spouse may sell, convey, or encumber community real estate unless the other spouse joins in executing the deed. This joinder rule does not apply to a grantor's separate property. Common quitclaim uses include divorce transfers and moving a home into a living trust.

Idaho Requirements for Quitclaim Deed

• Sign Before a Notary to Record

  To record an Idaho quitclaim deed you must acknowledge it before a notary public. Idaho Code Section 55-805 requires the deed to be acknowledged, or its execution proved, before the county recorder will record it. The deed can be valid between the parties without this, but it cannot be recorded until it is notarized.

• No Witnesses Are Required

  Idaho does not require witnesses to sign a deed. Idaho Code Section 55-601 requires only that the grantor sign (subscribe) the instrument, and Idaho Code Section 55-805 requires notarial acknowledgment to record. Notarization, not witnesses, is the operative formality for a recordable deed.

• State the Grantee Name and Mailing Address

  Idaho Code Section 55-601 requires that the deed be in writing, be signed by the grantor, and state the grantee's name and complete mailing address. A quitclaim deed that omits the grantee's complete mailing address does not meet the statutory content rule for a conveyance.

• Record With the County Recorder

  Record the signed, notarized deed with the county recorder of the county where the land lies. Under Idaho Code Section 55-811 recording gives constructive notice to later purchasers, and Idaho Code Section 55-812 gives priority to a good-faith purchaser for value whose deed is recorded first (a race-notice rule).

• Idaho Charges No Real Estate Transfer Tax

  Idaho imposes no real estate transfer or excise tax. Idaho Code Section 63-307A states the legislature's intent not to impose any real estate transfer tax or excise tax, and it bars any political subdivision from imposing one. There is no transfer-tax declaration or value statement to file with an Idaho quitclaim deed.

• Pay Only the County Recorder Fee

  The only charge to record an Idaho quitclaim deed is the county recorder's fee under Idaho Code Section 31-3205, which is charged per instrument and page rather than based on the property's value. Confirm the current per-page and any non-standard-format fee with the county recorder before recording.

• There Is No Idaho Statutory Quitclaim Form

  Idaho prescribes no fill-in quitclaim-deed form. Idaho Code Section 55-601 sets the general content and execution rules for a conveyance, and Idaho Code Section 55-612 makes the statutory covenants arise only from the word grant. A quitclaim uses remise-and-release language instead of grant, so it carries no implied covenants of title.

• Both Spouses Must Join for Community Property

  Idaho is a community-property state. Idaho Code Section 32-912 says neither spouse may sell, convey, or encumber community real estate unless the other spouse joins in executing the deed. This joinder rule does not apply to a grantor's separate property, but a quitclaim of community real estate signed by one spouse alone may not be effective.