Kentucky Quitclaim Deed

Introduction

Key Things to Know

1. 1

   A quitclaim deed transfers only the interest you actually have. It passes whatever ownership you hold in the property to the grantee (the person receiving it) 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 clerk. Under KRS 382.110 a Kentucky deed is recorded in the county clerk's office of the county where the property, or the greater part of it, is located. Recording gives public notice and protects the grantee against a later good-faith purchaser (KRS 382.270).

3. 3

   Sign before a notary; no witnesses are needed. To be recorded, a Kentucky quitclaim deed must be acknowledged by the grantor before a notary public or the county clerk (KRS 382.130; KRS 382.270). Subscribing witnesses are only an alternative way to prove a deed and are not required when it is notarized.

4. 4

   Pay the real estate transfer tax and file a consideration certificate. The county clerk collects a transfer tax of $0.50 for each $500 of value, imposed on the grantor, before recording (KRS 142.050). KRS 382.135 also requires a sworn, notarized certificate of the full consideration (or the fair cash value if it is a gift) signed by both the grantor and the grantee.

5. 5

   Kentucky has no statutory quitclaim form. The state does not codify a fill-in quitclaim deed. A quitclaim is drafted at common law to meet the Chapter 382 content and execution rules and simply omits the warranty words that KRS 382.030 says create a warranty of title.

6. 6

   A married grantor's spouse should join the deed. Kentucky keeps dower and curtesy (KRS 392.020), so a spouse holds a marital interest in the grantor's real estate that survives a conveyance unless released. To pass clear title, the non-owner spouse should sign the deed to relinquish dower or curtesy (KRS 392.040).

7. 7

   Include the preparer statement and grantee address. KRS 382.335 requires the deed to show the printed, signed name and address of the person who prepared it and the mailing address of the grantee. Common quitclaim uses in Kentucky include divorce transfers, adding or removing a spouse, and moving a home into a living trust.

Kentucky Requirements for Quitclaim Deed

• Sign and Acknowledge Before a Notary Public

  To record a Kentucky quitclaim deed the grantor must acknowledge it before a notary public or the county clerk (KRS 382.130). Under KRS 382.270 a deed is not valid against a later purchaser or creditor until it is acknowledged or proved and recorded, so notarization is the practical prerequisite to a recordable deed.

• No Subscribing Witnesses Are Required

  Kentucky does not require witnesses when the deed is notarized. KRS 382.130 lists two subscribing witnesses only as an alternative way to prove a deed for recording when there is no notarial acknowledgment. Because the standard practice is acknowledgment before a notary, no witnesses are needed.

• Record With the County Clerk

  Record the signed, notarized deed in the county clerk's office of the county where the property, or the greater part of it, is located (KRS 382.110). Recording gives public notice and protects the grantee against a later good-faith purchaser or creditor under KRS 382.270.

• Pay the Real Estate Transfer Tax

  The county clerk collects a state real estate transfer tax of $0.50 for each $500 of value, or fraction of it, declared in the deed, imposed on the grantor, as a prerequisite to recording (KRS 142.050). Some transfers are exempt, including deeds between spouses or former spouses in a divorce and deeds that only correct a prior deed (KRS 142.050(7)).

• Include the Sworn Consideration Certificate

  KRS 382.135 requires the deed to state the full consideration and to include a sworn, notarized certificate signed by BOTH the grantor and the grantee confirming that amount. If the transfer is a gift or for nominal consideration, the certificate instead states it is a gift and gives the estimated fair cash value. The county clerk cannot record a deed that omits this.

• Kentucky Has No Statutory Quitclaim Form

  Kentucky does not codify a fill-in quitclaim deed. A quitclaim is drafted at common law to meet the Chapter 382 content and execution rules and simply omits the warranty words that KRS 382.030 treats as a warranty of title, so the deed carries no covenant of title and passes only the interest the grantor holds.

• A Married Grantor's Spouse Should Release Dower or Curtesy

  Kentucky retains dower and curtesy (KRS 392.020), so a married grantor's spouse holds a marital interest in the property that survives a conveyance unless released. To pass clear title, the non-owner spouse should join and sign the deed to relinquish dower or curtesy; KRS 392.040 confirms a spouse who joined in the deed takes no such interest.

• Add the Preparer Statement and Grantee Address

  The county clerk cannot record the deed unless it carries a printed or typed statement of the name and address of the person who prepared it, signed by that person, and the mailing address of the grantee (KRS 382.335). The deed must also give a source-of-title reference to the prior deed (KRS 382.110).