Iowa Quitclaim Deed
An Iowa quitclaim deed (or quit claim deed) transfers your interest with no warranty. File a declaration of value and groundwater hazard statement with the county recorder.
Introduction
Recording a deed in Iowa comes with a piece of paperwork you do not see in most states: a groundwater hazard statement. Iowa Code Section 558.69 requires that statement to travel with the deed, filed together with a declaration of value, for almost every conveyance of real estate, and if no groundwater hazard conditions exist a prescribed statement saying so must appear on the first page. Those two filings sit on top of the deed itself. A quitclaim deed is a document that transfers whatever ownership interest you have in a piece of real estate to someone else, with no promise that your title is good or that you own anything. 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 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, moving a home into a living trust, or clearing up a possible claim on a title. In Iowa the person giving up the interest is the grantor and the person receiving it is the grantee. Iowa prints a statutory short-form quitclaim in Iowa Code Section 558.19(1). To record the deed you must sign it in black or dark blue ink and have your signature acknowledged before a notary under Iowa Code Section 558.20, then file it with the county recorder in the county where the property sits under Iowa Code Section 558.41. Along with the groundwater hazard statement and declaration of value, you pay the Iowa real estate transfer tax if the price is over 500 dollars. 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 (often typed quit claim deed) is used mainly between people who trust each other.
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Two extra filings travel with the deed. Iowa Code Section 558.69 requires a groundwater hazard statement, and Iowa Code Section 428A.1 requires a declaration of value stating the full consideration, both submitted to the county recorder when real estate is transferred. If no groundwater hazard conditions exist, a prescribed statement to that effect must appear on the first page of the deed instead of the full statement.
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You record with the county recorder, and Iowa is a notice state. Under Iowa Code Section 558.41 an instrument affecting real estate is filed with the county recorder in the county where the land is located. Because Iowa is a pure-notice state, an unrecorded deed is void against a later buyer for value who purchases without notice of your deed, so recording promptly protects the grantee.
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Sign in black or dark blue ink, before a notary, with no witnesses. Iowa Code Section 558.20 requires the deed to be acknowledged (notarized) under the state's chapter 9B notary law before the county recorder will record it, and no attesting witnesses are needed. Iowa Code Section 331.606B adds that signatures must be in black or dark blue ink with the signer's name printed beneath, and that the first page must reserve a top margin of at least 3 inches for the recorder.
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The real estate transfer tax is 80 cents per $500 over $500. Iowa charges 80 cents for each $500, or fraction of $500, of market value above $500 (Iowa Code Section 428A.1). There is no tax when there is no consideration or the deed is tendered as an instrument corrective of title and so states, and further exemptions cover certain spouse and parent-child transfers (Iowa Code Section 428A.2).
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Iowa prints a statutory quitclaim form, and you can often record electronically. Iowa Code Section 558.19(1) gives a short form in which the grantor quitclaims all of the grantor's interest in the described tract; it adds no words of warranty, unlike the fee-with-warranty form in Section 558.19(3). Electronic recording is available through the county land record information system operated by Iowa's county recorders (Iowa Code Section 558.69(6)), though availability is administered county by county.
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A married owner's spouse must sign for the homestead. If the property is the homestead and the owner is married, Iowa Code Section 561.13 makes the conveyance invalid unless the owner's spouse also signs. Iowa is not a community-property state; this is a homestead protection. Common quitclaim uses include divorce transfers, adding or removing a spouse, and moving a home into a trust.
Key decisions before you file
Before you file a Quitclaim Deed in Iowa, 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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Iowa Requirements for Quitclaim Deed
To record an Iowa quitclaim deed, the grantor must sign it and have the signature acknowledged before a notary public. Iowa Code Section 558.20 requires the acknowledgment to comply with the state's notary law in chapter 9B. Without a notary acknowledgment the county recorder will not record the deed.
Iowa validates a deed by notarial acknowledgment, not by subscribing witnesses. Neither the acknowledgment statute (Iowa Code Section 558.20) nor the statutory quitclaim form (Iowa Code Section 558.19) requires attesting witnesses, so no witness signatures are needed on an Iowa quitclaim deed.
Record the signed, acknowledged deed with the county recorder of the county where the real estate is located (Iowa Code Section 558.41). Iowa is a notice state, so recording protects the grantee against a later purchaser for value who buys without notice. The first page must have a top margin of at least 3 inches reserved for the recorder, with all other margins at least three-fourths of an inch (Iowa Code Section 331.606B).
Iowa imposes a real estate transfer tax of 80 cents for each $500, or fractional part of $500, of the property's market value above $500 (Iowa Code Section 428A.1). There is no tax when there is no consideration or when the deed is tendered for recording as an instrument corrective of title and so states.
When the deed is presented for recording, a declaration of value signed by at least one of the sellers or buyers, or their agent, must be submitted to the county recorder stating the full consideration paid (Iowa Code Section 428A.1). Some transfers, such as certain deeds between spouses or between parent and child without consideration, are exempt (Iowa Code Section 428A.2).
Iowa requires a groundwater hazard statement to be submitted with the declaration of value when real estate is transferred (Iowa Code Section 558.69). If no groundwater hazard conditions exist, a prescribed statement to that effect must appear on the first page of the deed in place of the full statement.
Iowa prints a statutory short-form quitclaim deed at Iowa Code Section 558.19(1), in which the grantor quitclaims all of the grantor's interest in the described tract for the stated consideration. The form is illustrative and may be varied to suit circumstances. Because it adds no words of warranty, unlike the fee-with-warranty form in Section 558.19(3), it passes only whatever interest the grantor holds.
If the property is the homestead and the owner is married, the conveyance is not valid unless the owner's spouse also signs the deed or a like instrument (Iowa Code Section 561.13). Iowa is not a community-property state; this is a homestead protection. Narrow exceptions apply, such as a dissolution decree that terminates the non-signing spouse's interest.
Frequently Asked Questions
A quitclaim deed is a deed that transfers whatever interest you have in Iowa real estate to someone else, without any warranty that the title is good. It is often typed as a quit claim deed. Unlike a warranty deed, it makes no promise that you own the property or that the title is free of other claims. Iowa even prints a statutory short quitclaim form at Iowa Code Section 558.19(1) that passes along the interest you hold, if any.
The difference is the promise about title. Iowa Code Section 558.19 prints both forms: the quitclaim form (subsection 1) simply quitclaims all of the grantor's interest and adds no words of warranty, while the fee-with-warranty form (subsection 3) adds the words 'And I warrant the title against all persons whomsoever.' A warranty deed lets the grantee sue if the title is bad. A quitclaim gives no such protection; you get only whatever interest the grantor actually had.
Yes. To record a quitclaim deed in Iowa the grantor must sign it and have the signature acknowledged before a notary public. Iowa Code Section 558.20 requires the acknowledgment to comply with the state's notary law in chapter 9B. Without a notary acknowledgment the county recorder will not record the deed. Iowa does not require witnesses in addition to the notary.
You record it with the county recorder in the county where the property is located, as Iowa Code Section 558.41 requires. Recording gives public notice and protects the grantee against a later buyer for value who purchases without notice. The first page must leave a top margin of at least 3 inches for the recorder under Iowa Code Section 331.606B, and you file a declaration of value and a groundwater hazard statement with the deed.
Iowa's real estate transfer tax is 80 cents for each $500, or fraction of $500, of the property's market value above $500 under Iowa Code Section 428A.1. There is no tax when there is no consideration or when the deed is tendered as an instrument corrective of title and says so. Certain deeds, such as some transfers between spouses or between parent and child without consideration, are exempt under Iowa Code Section 428A.2.
Often, yes. Electronic recording is available in Iowa through the county land record information system operated by the county recorders (Iowa Code Section 558.69(6)), though availability is administered county by county. Whether you record on paper or electronically, the deed still must be signed in black or dark blue ink, acknowledged before a notary, and submitted with a declaration of value and a groundwater hazard statement.
If the property is your homestead and you are married, yes. Iowa Code Section 561.13 makes a conveyance of the homestead invalid unless the owner's spouse also signs the deed or a like instrument. Iowa is not a community-property state, so this is a homestead protection rather than a co-ownership rule. Narrow exceptions apply, such as a dissolution decree that terminates the non-signing spouse's interest.
Yes. Iowa Code Section 331.606B sets document standards the county recorder enforces. The first page must have a top margin of at least 3 inches reserved for the recorder, and all other margins must be at least three-fourths of an inch. Signatures must be in black or dark blue ink with the signer's name typed, printed, or stamped beneath, on unbound white paper with legible type. The recorder will refuse a document that does not meet these standards.