Montana Quitclaim Deed

Introduction

Key Things to Know

1. 1

   A quitclaim 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 (often typed as quit claim deed) is used mainly between people who trust each other.

2. 2

   Record it with the county clerk and recorder. A Montana deed is recorded with the county clerk and recorder of the county where the property is located. Recording gives public notice and protects the grantee against a later good-faith buyer whose deed is recorded first under Montana's notice recording rule (Mont. Code Ann. Section 70-21-304).

3. 3

   You must sign before a notary. Before the county clerk and recorder will record a Montana deed, its execution must be acknowledged before a notary (Mont. Code Ann. Section 70-21-203). Acknowledgment (the notary confirming your identity and that you signed) is the operative recording prerequisite.

4. 4

   No witnesses are required. Montana does not require subscribing witnesses to execute a deed. A subscribing witness appears only as an alternative way to prove a deed that was not acknowledged; standard practice is notarial acknowledgment, which needs no witnesses.

5. 5

   There is no Montana transfer tax, but you file a Realty Transfer Certificate. Montana imposes no general real estate transfer tax. Instead, a Realty Transfer Certificate (Form RTC) must accompany the deed at recording under Mont. Code Ann. Section 15-7-305. The RTC is a confidential informational form the Department of Revenue uses for property appraisal, not a tax, and the deed itself need not state the sale price.

6. 6

   There is no Montana quitclaim form to fill in. The Montana Code codifies a statutory grant deed form at Mont. Code Ann. Section 70-20-103 but no quitclaim-specific form (Section 70-20-105 is the joint-tenancy statute, not a quitclaim form). A Montana quitclaim is drafted from the general conveyancing rules using remise-and-release language rather than a codified template.

7. 7

   A recorded homestead brings in your spouse. Montana is a common-law (separate-property) state, not a community-property state. Where a declared homestead has been recorded under Title 70, chapter 32, it cannot be conveyed unless both spouses sign and acknowledge the deed (Mont. Code Ann. Section 70-32-301). Common quitclaim uses include divorce transfers, adding or removing a spouse, and moving a home into a living trust.

Montana Requirements for Quitclaim Deed

• Have the Deed Acknowledged Before a Notary

  Before the county clerk and recorder will record a Montana quitclaim deed, its execution must be acknowledged before a notary under Mont. Code Ann. Section 70-21-203. Acknowledgment means the notary confirms the grantor's identity and that the grantor signed, and the acknowledgment must be notarized. Without it the deed cannot be recorded.

• No Witnesses Are Required

  Montana does not require subscribing witnesses to execute a deed. Under Mont. Code Ann. Section 70-21-203 a subscribing witness appears only as an alternative way to prove a deed that the grantor did not acknowledge. Standard Montana practice is notarial acknowledgment, which needs no witnesses.

• Record With the County Clerk and Recorder

  Record the signed, notarized deed with the county clerk and recorder of the county where the property is located. Recording gives public notice and protects the grantee against a later good-faith buyer whose deed is recorded first under Montana's notice recording rule (Mont. Code Ann. Section 70-21-304).

• File the Realty Transfer Certificate (Form RTC)

  A Realty Transfer Certificate (Form RTC) must accompany the deed at recording. Mont. Code Ann. Section 15-7-305 provides that a deed transferring real estate may not be accepted for recordation until the certificate has been received by the county clerk and recorder. The RTC is a confidential informational form the Department of Revenue uses for property appraisal.

• Montana Charges No Real Estate Transfer Tax

  Montana imposes no general real estate transfer tax on a quitclaim deed. Sale-price and consideration information is collected only on the confidential Realty Transfer Certificate filed with the deed under Mont. Code Ann. Section 15-7-305; the deed itself need not state the consideration to be valid.

• There Is No Montana Quitclaim Form to Fill In

  Montana codifies a statutory grant deed form at Mont. Code Ann. Section 70-20-103 but no quitclaim-specific form (Section 70-20-105 is the joint-tenancy creation statute, not a quitclaim form). A Montana quitclaim deed is drafted from the general conveyancing rules using customary remise, release, and quitclaim words, and carries no warranty of title.

• A Declared Homestead Requires Both Spouses to Sign

  Montana is a separate-property state, so a spouse who holds sole title can generally quitclaim it alone. But where a declared homestead has been recorded under Title 70, chapter 32, Mont. Code Ann. Section 70-32-301 provides that it cannot be conveyed or encumbered unless both spouses execute and acknowledge the deed. Whether a homestead declaration exists is fact-specific.

• Record Promptly to Protect the Grantee

  Montana follows a notice recording rule: under Mont. Code Ann. Section 70-21-304 an unrecorded conveyance is void against a later good-faith purchaser for value whose conveyance is first duly recorded. Recording the quitclaim deed promptly with the county clerk and recorder protects the grantee's interest against a competing later buyer.