Louisiana Quitclaim Deed

Introduction

Key Things to Know

1. 1

   A quitclaim deed transfers only the interest you actually have. It passes whatever rights 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.

2. 2

   You record it with the parish Clerk of Court, not a county recorder. Louisiana records land by parish. La. Const. art. V Section 28(A) makes the clerk of the district court the ex officio parish recorder of conveyances, and La. Civ. Code Section 3346 files the deed in the conveyance records of the parish where the property is located. In Orleans Parish it is filed with the Land Records Division of the Clerk of Civil District Court at 1340 Poydras Street.

3. 3

   Execute it as an authentic act before a notary. Under La. Civ. Code Section 1833 an authentic act is a writing executed before a notary public in the presence of two witnesses and signed by each party, each witness, and the notary. This is the standard Louisiana form for transferring immovable property and is what title practice expects.

4. 4

   Two witnesses are required for the authentic act. Louisiana is a witness state for the standard deed form: the authentic act needs two witnesses in addition to the notary (La. Civ. Code Section 1833). A gift-style transfer for no price is a donation and must be an authentic act, or it is absolutely null (La. Civ. Code Section 1541).

5. 5

   There is no statewide transfer tax. La. Const. art. VII Section 2.3 bars any new tax or fee on the sale or transfer of immovable property in Louisiana. Recording, filing, and maintenance fees are not treated as transfer taxes. New Orleans has a grandfathered documentary transaction tax, but it expressly exempts quitclaims (New Orleans Code of Ordinances Section 150-369(18)).

6. 6

   There is no Louisiana statutory quitclaim form. As a civil-law state, Louisiana codifies the without-warranty transfer concept (La. Civ. Code Section 2502) and the form of the act (authentic act or act under private signature) but publishes no model deed. The instrument must be drafted to fit these rules.

7. 7

   Both spouses must concur to convey community property. Louisiana is a community-property state. La. Civ. Code Section 2347 requires the concurrence of both spouses to alienate or encumber a community immovable, so the non-titled spouse also signs. Common quitclaim uses include divorce transfers, adding or removing a spouse, and moving property into a trust.

Louisiana Requirements for Quitclaim Deed

• Execute It as an Authentic Act Before a Notary

  Louisiana is a civil-law state, and the standard way to transfer immovable property is by authentic act. Under La. Civ. Code Section 1833 an authentic act is a writing executed before a notary public in the presence of two witnesses and signed by each party, each witness, and the notary. A transfer of immovable property must be by authentic act or by act under private signature (La. Civ. Code Section 1839).

• Two Witnesses Are Required for the Authentic Act

  Louisiana requires two witnesses for the authentic act form, in addition to the notary (La. Civ. Code Section 1833). This is different from most states, where a notary alone is enough. The two witnesses and the notary all sign the act.

• A Gift-Style Transfer Must Be an Authentic Act

  If the quitclaim transfers the property for no price, it is a gratuitous transfer, which Louisiana treats as a donation inter vivos. A donation of immovable property must be made by authentic act under penalty of absolute nullity (La. Civ. Code Section 1541), so a no-consideration quitclaim cannot be a mere act under private signature.

• The Deed Must Bear Original Signatures to Be Recorded

  The recorder must refuse to record an instrument that does not bear the original signature of a party (La. Civ. Code Section 3344). A recorded act should also carry the information listed in La. Civ. Code Section 3352, such as party names and mailing addresses, marital status, and the notary identification or bar roll number, though omitting that information does not by itself invalidate the deed.

• Record With the Parish Clerk of Court

  Louisiana records land by parish, not county. File the signed act in the conveyance records of the parish where the property is located, with the Clerk of Court, who serves as ex officio parish recorder of conveyances (La. Const. art. V Section 28(A); La. Civ. Code Section 3346). In Orleans Parish, filings go to the Land Records Division of the Clerk of Civil District Court at 1340 Poydras Street.

• Recording Gives the Transfer Effect Against Others

  Under Louisiana's public records doctrine, an instrument that transfers an immovable is without effect as to a third person unless it is recorded (La. Civ. Code Section 3338), and an instrument has effect against third persons only from the time it is filed for registry (La. Civ. Code Section 1839). Recording promptly protects the grantee against later dealings by the grantor.

• No Statewide Real Estate Transfer Tax

  Louisiana levies no statewide transfer tax. La. Const. art. VII Section 2.3 bars any new tax or fee on the sale or transfer of immovable property, though recording and filing fees still apply. New Orleans keeps a grandfathered documentary transaction tax, but its ordinance expressly exempts quitclaims (New Orleans Code of Ordinances Section 150-369(18)).

• Both Spouses Must Concur for Community Property

  Louisiana is a community-property state. La. Civ. Code Section 2347 requires the concurrence of both spouses to alienate, encumber, or lease a community immovable, even when only one spouse is named on the title, so the non-titled spouse also signs. A quitclaim of community property without that concurrence may be attacked as an unauthorized act.