Minnesota 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 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 is used mainly between people who trust each other.

2. 2

   Minnesota has a statutory quitclaim form. Minn. Stat. Section 507.07 sets out a short quitclaim deed form using the words conveys and quitclaims. It transfers all the grantor's right, title, and interest in the property, but it does not pass after-acquired title (title the grantor gains later) unless the deed says so expressly.

3. 3

   Record it with the county recorder or the registrar of titles. Minnesota runs a dual land system. Abstract (unregistered) land is recorded with the county recorder, while registered Torrens land under Minn. Stat. chapter 508 is filed with the registrar of titles, who examines the deed and issues an updated certificate of title. Record in the county where the land lies (Minn. Stat. Section 507.24).

4. 4

   You must sign before a notary; no witnesses are required. To be recordable, a Minnesota deed must be executed and acknowledged before a notary, with original signatures of the parties and the notary (Minn. Stat. Section 507.24). Minnesota does not require attesting witnesses, and the statutory deed form has no witness line.

5. 5

   Pay the state deed tax and file a Certificate of Real Estate Value if needed. Minnesota imposes a state deed tax on the transfer (Minn. Stat. Section 287.21): the tax is $1.65 when the consideration is $3,000 or less, and .0033 of the net consideration when it exceeds $3,000. When consideration is over $3,000 you must also file a Certificate of Real Estate Value, filed electronically as an eCRV, before the deed can be recorded (Minn. Stat. Section 272.115).

6. 6

   Both spouses must sign to convey a homestead. If the property is the marital homestead, Minn. Stat. Section 507.02 requires both spouses to sign the deed even when only one spouse is on title. A homestead conveyance missing a spouse's signature is void, so this signature cannot be skipped. Narrow exceptions exist for a purchase-money mortgage and certain interspousal transfers.

7. 7

   Common uses include divorce, adding or removing a spouse, and transfers into a trust. Minnesota quitclaim deeds are used to carry out a divorce settlement, to put a home into a living trust, or to clear a possible claim on title. The deed must also meet Minnesota's recording format rules, including a three-inch blank space at the top of the first page (Minn. Stat. Section 507.093).

Minnesota Requirements for Quitclaim Deed

• Sign and Acknowledge Before a Notary

  To record a Minnesota quitclaim deed it must be executed and acknowledged before a notary public or other officer authorized to take acknowledgments. Minn. Stat. Section 507.24 requires the recorded instrument to carry the original signatures of the parties and of the notary, so notarization is what makes the deed recordable.

• No Witnesses Are Required

  Minnesota does not require attesting witnesses on a deed. Minn. Stat. Section 507.24 makes a deed recordable on execution plus a certified acknowledgment, and the statutory quitclaim form in Section 507.07 contains no witness line. A certified notarial acknowledgment, not witnesses, is the operative formality.

• Record With the County Recorder or Registrar of Titles

  Minnesota runs a dual land system. Record the signed, notarized deed with the county recorder if the land is abstract (unregistered), or file it with the registrar of titles if the land is registered Torrens property under chapter 508, in the county where the land lies (Minn. Stat. Section 507.24). Recording protects the grantee against a later good-faith buyer under Minnesota's notice statute (Minn. Stat. Section 507.34).

• Pay the State Deed Tax

  Minnesota imposes a state deed tax on the transfer (Minn. Stat. Section 287.21). The tax is $1.65 when there is no consideration or the consideration is $3,000 or less, and .0033 of the net consideration when it exceeds $3,000. The tax is due when the deed is presented for recording. Hennepin and Ramsey counties may impose an additional deed tax.

• File a Certificate of Real Estate Value Over $3,000

  When real estate is transferred for consideration over $3,000, Minn. Stat. Section 272.115 requires a Certificate of Real Estate Value to be filed with the county auditor when the deed is presented. It is filed electronically as an eCRV on the Department of Revenue system, and the county cannot record the deed until the eCRV is submitted or the transfer is exempt.

• Use the Statutory Quitclaim Deed Form

  Minnesota codifies a statutory quitclaim deed form at Minn. Stat. Section 507.07 using the operative words conveys and quitclaims. It conveys all of the grantor's right, title, and interest and carries no covenants of warranty. It does not pass after-acquired title (title the grantor gains later) unless words expressing that intention are added to the deed.

• Both Spouses Must Sign to Convey a Homestead

  If the property is the marital homestead, Minn. Stat. Section 507.02 requires both spouses to sign the deed even when only one spouse is on title. A homestead conveyance missing a spouse's signature is void, not merely voidable, so this signature cannot be skipped. Narrow exceptions apply, such as a purchase-money mortgage and certain conveyances between spouses.

• Meet the Document Formatting Standards

  A Minnesota deed must meet the recording format standards in Minn. Stat. Section 507.093: sheets no larger than 8.5 by 14 inches, black ink of at least 8-point type on white paper of at least 20-pound weight, a half-inch border on pages after the first, and a three-inch blank space at the top of the first page for filing information. Nonconforming documents may still be recorded on payment of an extra fee.