Maine Quitclaim Deed
In Maine, a quit claim deed can be a plain release under Section 161 or a Quitclaim Deed With Covenant under Section 765. Record it at the registry of deeds, sign before a notary, and file a Form RETTD value declaration.
Introduction
In Maine the word quitclaim describes two different deeds, so the name alone does not tell you how much title protection comes with the transfer. The plain quitclaim without covenant, also called a release deed, follows 33 M.R.S. Section 161 and passes only whatever interest the grantor actually holds, with no covenant of title. Maine's market-standard instrument, the Quitclaim Deed With Covenant under 33 M.R.S. Section 765, uses nearly identical language but adds a limited covenant: the grantor warrants and defends the title against claims arising by, through, or under the grantor, though not against the rest of the world. In plain terms, a quitclaim deed transfers whatever ownership interest you have in a piece of real estate to the person receiving it, the grantee, while the person giving it up is the grantor. That is different from a warranty deed, which guarantees clear title against everyone and lets the grantee sue if the title turns out to be flawed. To record either Maine deed you sign it and acknowledge your signature before a notary (33 M.R.S. Section 203), then record it at the registry of deeds in the county where the land lies (33 M.R.S. Section 201). Attorney review is available as an option before you sign.
Key Things to Know
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Maine uses the quitclaim label for two instruments, and the choice sets how much title protection the grantee receives. The release or quit claim deed without covenant under 33 M.R.S. Section 161 conveys only the interest the grantor holds, with no covenant of title. The Quitclaim Deed With Covenant under 33 M.R.S. Section 765 is Maine's common recording deed and adds a limited covenant of warranty against the grantor's own acts, meaning claims arising by, through, or under the grantor.
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A quitclaim deed transfers only the interest the grantor actually has, if any, and the plain release form makes no promise that the title is clear or that the grantor owns anything. A warranty deed, by contrast, guarantees the title against everyone, which is why quitclaims are used mainly between people who already trust each other, such as family members or co-owners.
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Record it at the registry of deeds. Under 33 M.R.S. Section 201 a Maine deed is recorded at the registry of deeds in the county where the land lies, and if the land sits in two or more counties you record in each. The office is headed by the register of deeds, and Maine is organized into registry districts: most counties are a single district, but a few, such as Aroostook and Oxford, split into more than one district covering different towns.
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Maine records on a race-notice basis. Under 33 M.R.S. Section 201 an unrecorded deed is not effectual against anyone except the grantor, the grantor's heirs and devisees, and a person with actual notice of it. Recording promptly is what protects the grantee against a later party who takes the same property without actual notice, so the deed should reach the correct registry district without delay.
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Sign and acknowledge before a notary; no witnesses and no seal. To be recorded, a Maine deed must be acknowledged by the grantor before a notary public, a Maine attorney-at-law, or a clerk of a court of record (33 M.R.S. Section 203). Maine imposes no subscribing-witness requirement, and under 33 M.R.S. Section 774 a seal is neither necessary nor effective for any purpose.
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Budget for the Real Estate Transfer Tax and a value declaration. Maine taxes each recorded deed at $2.20 for every $500 of value, or fraction of it, split one half on the grantor and one half on the grantee (36 M.R.S. Section 4641-A). When you record, the deed must be accompanied by a declaration of value, the Maine Real Estate Transfer Tax Declaration (Form RETTD), under 36 M.R.S. Section 4641-D. Some deeds are exempt under 36 M.R.S. Section 4641-C.
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Maine has a Short Form Deeds Act and a spousal-release mechanism. Under 33 M.R.S. Sections 761 and 775 the statutory short forms, including the Quitclaim Deed With Covenant at 33 M.R.S. Section 765, may be used and are sufficient for their purpose. Maine is not a community-property state, so a spouse need not sign to convey property the other spouse owns alone; where a spouse holds descent or other marital rights, 33 M.R.S. Section 772-A supplies release language for the non-owner spouse to join and release them. 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 Maine, 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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Maine Requirements for Quitclaim Deed
To record a Maine quitclaim deed the grantor must acknowledge it before a notary public, a Maine attorney-at-law, or a clerk of a court of record (33 M.R.S. Section 203). Acknowledgment is the recording prerequisite; without it the deed is not effectual against third parties.
Maine does not require subscribing witnesses to sign a deed; the grantor's acknowledgment under 33 M.R.S. Section 203 is what makes the deed recordable. Under 33 M.R.S. Section 774 a seal on the deed is not necessary or effective for any purpose.
Record the signed, acknowledged deed at the registry of deeds in the county where the property is located (33 M.R.S. Section 201). The office is headed by the register of deeds. If the land lies in two or more counties, record the deed in each county's registry; a few counties, such as Aroostook and Oxford, are split into more than one registry district by town.
Maine imposes a Real Estate Transfer Tax of $2.20 for each $500, or fraction of $500, of the value of the property transferred (36 M.R.S. Section 4641-A). The tax is split, one half owed by the grantor and one half by the grantee. Some deeds are exempt under 36 M.R.S. Section 4641-C.
When offered for recording, a Maine deed must be accompanied by a declaration of the value of the property transferred, the Maine Real Estate Transfer Tax Declaration (Form RETTD), filed with the registry of deeds (36 M.R.S. Section 4641-D). A Form RETTD submitted with an exempt deed must identify the exemption reason.
Maine has a Short Form Deeds Act. Under 33 M.R.S. Sections 761 and 775 the statutory short forms may be used and are sufficient for their purpose, including the Quitclaim Deed With Covenant at 33 M.R.S. Section 765. Using the statutory language keeps the deed compact while giving it the effect the statute assigns.
Maine uses quitclaim two ways. A release or quit claim deed without covenant (33 M.R.S. Section 161) conveys only whatever interest the grantor has, with no warranty. The market-standard Quitclaim Deed With Covenant (33 M.R.S. Section 765) adds a limited covenant: the grantor warrants and defends the title only against claims arising by, through, or under the grantor, not against everyone. Pick the form that matches the protection you intend.
Maine is not a community-property state and has no blanket rule requiring a spouse to sign to convey solely owned property. Where a spouse holds descent or other marital rights, 33 M.R.S. Section 772-A supplies release language for the non-owner spouse to join the deed and release those rights, which clears the title for the grantee.
Frequently Asked Questions
A quitclaim deed is a deed that transfers whatever interest the grantor has in Maine real estate to the grantee. It is often typed as a quit claim deed. In its plain form, the release or quitclaim without covenant under 33 M.R.S. Section 161, it makes no promise that you own the property or that the title is clear. It simply passes along the interest you hold, if any.
It comes down to the promise about title. A Maine warranty deed guarantees the title against everyone, so the grantee can sue if it is flawed. A plain quitclaim, the release deed under 33 M.R.S. Section 161, makes no promise. Maine also has a middle option, the Quitclaim Deed With Covenant under 33 M.R.S. Section 765, which warrants the title only against claims arising by, through, or under the grantor, not against the whole world.
Yes. To record a quitclaim deed in Maine the grantor must acknowledge it before a notary public, a Maine attorney, or a clerk of a court of record (33 M.R.S. Section 203). Acknowledgment is the operative recording formality. Maine does not require witnesses, and under 33 M.R.S. Section 774 a seal is not required. Without acknowledgment the deed is not effectual against third parties.
You record it at the registry of deeds in the county where the property is located, as 33 M.R.S. Section 201 requires. The office is headed by the register of deeds. If the land lies in two or more counties, record the deed in each county's registry. Recording gives public notice and protects the grantee against a later party who lacks actual notice under Maine's race-notice priority rule.
Maine's Real Estate Transfer Tax is $2.20 for each $500 of the value transferred, and it is split half on the grantor and half on the grantee (36 M.R.S. Section 4641-A). When the deed is recorded it must be accompanied by a declaration of value on Form RETTD (36 M.R.S. Section 4641-D). Certain deeds are exempt under 36 M.R.S. Section 4641-C; confirm any exemption before you rely on it.
Yes. Maine follows a race-notice recording rule. Under 33 M.R.S. Section 201 a deed that is not acknowledged and recorded is not effectual against anyone except the grantor, the grantor's heirs and devisees, and a person who has actual notice of it. In practice a grantee who records promptly at the correct registry of deeds is protected against a later party who takes the same property without actual notice, so recording without delay matters.
Not as a blanket rule. Maine is not a community-property state, so a spouse does not automatically have to sign to convey property the other spouse owns alone. Where a spouse holds descent or other marital rights in the property, 33 M.R.S. Section 772-A provides release language so the non-owner spouse can join the deed and release those rights, which clears the title.
Maine has a Short Form Deeds Act. Under 33 M.R.S. Sections 761 and 775 the statutory short forms may be used and are sufficient for their purpose, and they include the Quitclaim Deed With Covenant at 33 M.R.S. Section 765 alongside a plain quitclaim release form. Using the statutory language keeps a Maine deed compact while giving it the effect the statute assigns. There is no required seal: under 33 M.R.S. Section 774 a seal is neither necessary nor effective for any purpose.