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Maryland Quitclaim Deed

A Maryland quit claim deed transfers your interest with no warranty of title. Notarize it, then record with the Clerk of the Circuit Court, Land Records.

Introduction

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 even that you own anything at all. 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 Maryland the person giving up the interest is the grantor and the person receiving it is the grantee. Under Md. Code, Real Property Section 4-101 a deed is sufficient if it names the grantor and grantee, describes the property, states the interest granted, and is signed and acknowledged (notarized). No witnesses are required. Recording is a two-step routing: the deed must first be endorsed with the county tax collector's certificate and travel with a Land Instrument Intake Sheet, and only then does the Clerk of the Circuit Court, Land Records, record it. Attorney review is available as an option before you sign.

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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.

Key decisions before you file

Before you file a Quitclaim Deed in Maryland, a few decisions shape the document: which option to choose and what each one means. The Quitclaim Deed guide walks through them.

Open the Quitclaim Deed guide

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MARYLAND QUITCLAIM DEED

PREPARED BY AND AFTER RECORDING RETURN TO: [NAME AND ADDRESS].

RECORDING ROUTING: This deed effects a change of ownership. Before the Clerk of the Circuit Court records it, the deed must first be endorsed with the county tax collector's certificate showing taxes are paid, and it must be accompanied by a completed Maryland Land Instrument Intake Sheet, with a copy submitted to the State Department of Assessments and Taxation (Md. Code, Real Property Section 3-104).

CONSIDERATION AND TAX: The consideration for this transfer is $[AMOUNT]. State recordation tax, the state transfer tax of 0.5 percent of consideration (0.25 percent for a qualifying first-time Maryland homebuyer), and any county transfer tax are due at recording unless an exemption applies. A transfer between spouses or domestic partners may be exempt under Tax-Property Sections 12-108(d) and 13-207; state the exemption on the intake sheet.

  1. PARTIES This Quitclaim Deed is made on [DATE] between [GRANTOR NAME], the grantor, of [COUNTY], Maryland, and [GRANTEE NAME], the grantee, of [COUNTY], Maryland.

  2. CONSIDERATION The grantor conveys the property described below for consideration of $[AMOUNT], or, if none, states that this transfer is for no consideration and claims the applicable exemption.

  3. QUITCLAIM (GRANTING CLAUSE) The grantor hereby remises, releases, and forever quitclaims to the grantee all of the grantor's right, title, and interest, if any, in the real property described below, located in [COUNTY] County (or Baltimore City), Maryland. This deed omits the statutory warranty-covenant words of Md. Code, Real Property Sections 2-104 and 2-105, so under Section 2-101 it passes only the grantor's own interest with no covenants of title. The grantee receives only whatever interest the grantor actually holds.

  4. LEGAL DESCRIPTION [INSERT the full legal description of the property; attach Exhibit A if needed. Do not rely on the street address alone.]

  5. EXECUTION The grantor signs below. A Maryland deed must be acknowledged before a notary public or other authorized officer to be recorded (Md. Code, Real Property Section 4-101). No witnesses are required; the absence of an attestation does not affect the deed's validity (Section 4-101(b)).

Dated: [DATE]

[GRANTOR NAME], Grantor

NOTARY ACKNOWLEDGMENT State of Maryland, County of [COUNTY]. On [DATE], before me, the undersigned notary public, personally appeared [GRANTOR NAME], known to me or satisfactorily proven to be the person whose name is subscribed above, and acknowledged that they executed the foregoing deed.

Notary Public My commission expires: [DATE]

Note: Maryland has no named statutory quitclaim form; a quitclaim is simply a deed that omits the warranty-covenant words, and Md. Code, Real Property Section 4-201 makes a form to like effect sufficient. 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, after the tax collector's endorsement and with the Land Instrument Intake Sheet (Section 3-104). This is a Maryland skeleton for a quitclaim deed. For the complete, customizable template, see the full Quitclaim Deed template.

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.

Frequently Asked Questions

A quitclaim deed is a deed that transfers whatever interest you have in Maryland real estate to someone else, without any warranty that the title is good. It is often typed as a quit claim deed. Under Md. Code, Real Property Section 2-101 it passes only the grantor's own interest, and because it omits the statutory warranty-covenant words it makes no promise that you own the property or that the title is clear.

The difference is the promise about title. A Maryland warranty deed uses the statutory covenant words in Real Property Sections 2-104 and 2-105, so the grantor guarantees the title and the grantee can sue if that promise fails. A quitclaim deed omits those covenant words, so under Section 2-101 it conveys only whatever interest the grantor actually holds, with no covenants of title.

Yes. To be recorded, a Maryland deed must be acknowledged before a notary public or other authorized officer (Md. Code, Real Property Section 4-101). The grantor signs, and the notary completes a certificate of acknowledgment. Maryland does not require witnesses; Section 4-101(b) says the absence of an attestation does not affect the deed's validity.

You record it 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). Before the Clerk records it, the deed must be endorsed with the county tax collector's certificate and travel with a completed Land Instrument Intake Sheet, with a copy sent to the State Department of Assessments and Taxation.

Maryland can impose three levies on the same deed: 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). A transfer between spouses or domestic partners can be exempt under Tax-Property Sections 12-108(d) and 13-207.

No. Recording the deed with the Clerk of the Circuit Court's Land Records office (Real Property Section 3-104) moves your ownership interest to the grantee, but it does not reach the lender's lien on the property. If your name is on the promissory note, you stay liable on that debt after you sign your interest away. Only the lender can release you, usually by refinancing the loan or issuing a formal release; a Maryland quitclaim cannot do that.

You are not required to hire a lawyer, but a quitclaim gives you no title protection, and Maryland's recording routing has moving parts: the tax collector's endorsement, the Land Instrument Intake Sheet, the submission to the Department of Assessments and Taxation, and the stacked transfer taxes. Attorney review is available as an option if the transfer is anything but simple.

No. Maryland has no separate statutory quitclaim form, so the deed simply omits the warranty covenant words of Real Property Sections 2-104 and 2-105 and passes only whatever interest the grantor holds under Section 2-101. It cannot erase existing liens, mortgages, or prior claims. Because Maryland is a race-notice state (Section 3-203), a buyer relies on a title search and title insurance, which a quitclaim does not provide, to guard against undisclosed encumbrances.