Indiana Quitclaim Deed

Introduction

Key Things to Know

1. 1

   A quitclaim deed (often typed as a 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 county recorder. Under IC 32-21-4-1 an Indiana conveyance is recorded in the recorder's office in the county where the land is located. Recording protects the grantee against a later good-faith buyer under Indiana's race-notice priority rule.

3. 3

   Sign, seal, and acknowledge before a notary. Indiana requires the deed to be subscribed, sealed, and acknowledged by the grantor (IC 32-21-1-13), and any instrument to be recorded must carry a notarial acknowledgment or proof (IC 32-21-2-3). The notary acknowledgment (a signed statement confirming who signed) is the operative formality.

4. 4

   No witnesses are required. When the deed is acknowledged before a notary, Indiana does not require a subscribing witness. IC 32-21-2-3 asks for one of two notarial acts, an acknowledgment or a proof, not both. A 2020 change briefly appeared to require a witness proof on recorded instruments, but that was rolled back; a notarized acknowledgment alone is enough to record.

5. 5

   Indiana has no state transfer tax, but a Sales Disclosure Form is required. Indiana levies no state real estate transfer or documentary-stamp tax. Instead, for a conveyance for valuable consideration the parties must file a Sales Disclosure Form (State Form 46021) with the county auditor, and the county recorder cannot record the deed without evidence the form was filed (IC 6-1.1-5.5-6).

6. 6

   There is an Indiana statutory quitclaim short form. IC 32-21-1-15 codifies a short form worded in substance as the grantor quitclaims to the grantee for a stated sum. A deed following that form is a good and sufficient conveyance in quitclaim; it carries no covenants or warranty of title, unlike an Indiana warranty deed under IC 32-21-1-14.

7. 7

   Common uses include divorce and estate planning. People use an Indiana quitclaim deed to add or remove a spouse after a marriage or divorce, to move a home into a living trust, or to fix a clouded title. Because it carries no warranty, it is not the right tool for an arm's length purchase where you want title protection.

Indiana Requirements for Quitclaim Deed

• Sign, Seal, and Acknowledge Before a Notary

  An Indiana quitclaim deed must be signed, sealed, and acknowledged by the grantor (IC 32-21-1-13). Any instrument to be recorded must carry a notarial act, either an acknowledgment or a proof (IC 32-21-2-3). In practice the grantor signs before a notary, who completes the acknowledgment, and that is what makes the deed recordable.

• No Witnesses Are Required

  When the deed is acknowledged before a notary, Indiana does not require a subscribing witness. IC 32-21-2-3 asks for one of two notarial acts, an acknowledgment or a proof, not both. A 2020 change briefly appeared to require a witness proof on recorded instruments, but it was rolled back, so a notarized acknowledgment alone is enough to record.

• Record With the County Recorder

  Record the signed, notarized deed in the recorder's office in the county where the land is located (IC 32-21-4-1). Recording protects the grantee against a later good-faith buyer under Indiana's race-notice priority rule, so a properly recorded deed takes priority over one recorded later.

• File a Sales Disclosure Form Before Recording

  For a conveyance for valuable consideration, the parties must file a Sales Disclosure Form (State Form 46021) with the county auditor under IC 6-1.1-5.5. The county recorder cannot record the deed without evidence that the form was filed (IC 6-1.1-5.5-6). Whether a no-consideration gift deed is exempt depends on the form's conveyance-type rules.

• Indiana Has No State Transfer Tax

  Indiana levies no state real estate transfer, documentary-stamp, or deed tax on a quitclaim deed. The state instead requires the Sales Disclosure Form described above. You still pay county recording fees and a county auditor endorsement (transfer) fee, and those amounts vary by county.

• Use the Statutory Quitclaim Short Form

  Indiana codifies a statutory quitclaim short form at IC 32-21-1-15, worded in substance as the grantor quitclaims to the grantee for a stated sum. A deed following that form is a good and sufficient conveyance in quitclaim of whatever interest the grantor holds.

• The Deed Carries No Warranty of Title

  An Indiana quitclaim deed transfers only whatever interest the grantor actually holds and makes no promise about the title. It carries no covenants or warranty, unlike a warranty deed under IC 32-21-1-14. The grantee cannot sue the grantor for a title defect, so a quitclaim is best used between parties who trust each other.

• Meet the Recording Format Requirements

  To be recorded, an Indiana deed must meet the format rules in IC 36-2-11-16.5: at least a 2-inch top and bottom margin and 1/2-inch side margins on the first and last pages, on white paper of at least 20-pound weight, pages no larger than 8.5 by 14 inches, and typed or computer-generated in black ink in at least 10-point type. Indiana also authorizes electronic recording under IC 32-21-2.5.