Maryland 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 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 with the Clerk of the Circuit Court, Land Records. Under Md. Code, Real Property Section 3-104 the deed is recorded by the Clerk of the Circuit Court for the county, or Baltimore City, where the land lies. Recording sets priority under Maryland's race-notice rule (Real Property Section 3-203).

3. 3

   Recording is a two-step routing. Before the Clerk records a deed that changes ownership, the deed must be endorsed with the county tax collector's certificate showing taxes are paid, and it must be accompanied by a completed Land Instrument Intake Sheet, with a copy submitted to the State Department of Assessments and Taxation (Real Property Section 3-104).

4. 4

   Sign before a notary; no witnesses. A Maryland deed must be acknowledged before a notary public or other authorized officer to be recorded (Real Property Section 4-101). Maryland does not require subscribing witnesses; Section 4-101(b) says the absence of an attestation does not affect the deed's validity.

5. 5

   Transfer taxes stack. A Maryland deed can carry three levies at once: the state recordation tax, the state transfer tax of 0.5 percent of consideration (0.25 percent for a qualifying first-time Maryland homebuyer), and a county transfer tax that varies by county (Tax-Property Section 13-203). The consideration or value goes on the intake sheet so the taxes can be computed.

6. 6

   Spouse and domestic-partner transfers can be exempt. A transfer between spouses or former spouses, or between domestic partners or former domestic partners of residential property, is not subject to recordation tax (Tax-Property Section 12-108(d)), and the state transfer tax follows the same exemptions (Section 13-207).

7. 7

   There is no Maryland quitclaim form to fill in. The state prescribes statutory warranty-covenant words in Real Property Sections 2-104 and 2-105, but no quitclaim-specific form. A quitclaim simply omits those covenant words, so under Section 2-101 it passes only the grantor's own interest. Common uses include divorce transfers, adding or removing a spouse, and moving a home into a living trust.

Maryland Requirements for Quitclaim Deed

• Sign and Acknowledge Before a Notary

  A Maryland deed must be signed by the grantor and acknowledged before a notary public or other authorized officer to be recorded. Md. Code, Real Property Section 4-101(a)(1) makes a deed sufficient if it names the grantor and grantee, describes the property, states the interest granted, and is executed and acknowledged.

• No Witnesses Are Required

  Maryland does not require subscribing witnesses to sign a deed. Md. Code, Real Property Section 4-101(b) provides that if a deed is signed by the grantor, the absence of a seal or attestation does not affect the deed's validity, so notarial acknowledgment, not witnesses, is the operative formality.

• Record With the Clerk of the Circuit Court, Land Records

  Record the signed, notarized deed with the Clerk of the Circuit Court, Land Records Department, for the county or Baltimore City where the property lies (Md. Code, Real Property Section 3-104). Recording sets priority against a later buyer under Maryland's race-notice rule (Real Property Section 3-203).

• Get the Tax Collector's Endorsement First

  Before the Clerk records a deed that changes ownership, the deed must be endorsed with the certificate of the county collector of taxes showing that taxes and charges on the property are paid (Md. Code, Real Property Section 3-104). This endorsement is a separate step that happens before recording, not at the Clerk's counter.

• Attach a Land Instrument Intake Sheet

  A deed that effects a change of ownership must be accompanied by a completed Maryland Land Instrument Intake Sheet, and a copy of the deed is submitted to the State Department of Assessments and Taxation (Md. Code, Real Property Section 3-104). The intake sheet reports the consideration or value so the recordation and transfer taxes can be computed.

• Plan for Stacked Transfer Taxes

  A Maryland deed can carry three levies at once: the state recordation tax, the state transfer tax of 0.5 percent of consideration under Md. Code, Tax-Property Section 13-203 (0.25 percent for a qualifying first-time Maryland homebuyer), and a county transfer tax that is set locally and varies by county. Budget for all three unless an exemption applies.

• Spouse and Domestic-Partner Exemptions

  A transfer between spouses or former spouses, or between domestic partners or former domestic partners of residential property, is not subject to recordation tax (Md. Code, Tax-Property Section 12-108(d)), and the state transfer tax follows the same exemptions (Section 13-207). Claim the exemption on the intake sheet when it applies.

• There Is No Maryland Quitclaim Form to Fill In

  Maryland prescribes statutory warranty-covenant words in Md. Code, Real Property Sections 2-104 and 2-105 but no quitclaim-specific form. A quitclaim simply omits those covenant words, so under Section 2-101 it passes only the grantor's own interest, and Section 4-201 makes a form to like effect sufficient. The deed carries no warranty of title.