Nebraska 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 (sometimes typed quit claim deed) is used mainly between people who trust each other.

2. 2

   Record it with the register of deeds. Under Neb. Rev. Stat. Section 76-238 a Nebraska deed is recorded with the register of deeds of the county in which the real estate lies, and it takes effect against creditors and later good-faith purchasers only from the time it is delivered for recording.

3. 3

   You must sign before a notary. Neb. Rev. Stat. Section 76-211 requires the deed to be signed by the grantor and acknowledged or proved before the register of deeds can record it. Acknowledgment means signing before a notary public, who confirms your identity.

4. 4

   No witnesses are required. Section 76-211 lists only the grantor's signature and a notarial acknowledgment. It does not require subscribing or attesting witnesses for a Nebraska deed, so notarization is the operative formality.

5. 5

   Plan for the documentary stamp tax. Neb. Rev. Stat. Section 76-901 imposes a documentary stamp tax on the grantor at $3.32 for each $1,000 of value or fraction of it (the rate drops to $2.32 per $1,000 on or after January 1, 2032). Deeds between spouses or between parent and child without actual consideration are among the transfers exempt under Section 76-902.

6. 6

   File the Real Estate Transfer Statement (Form 521). Under Neb. Rev. Stat. Section 76-214 the grantee must file a completed Form 521 with the register of deeds when the deed is presented, and the register cannot accept the deed for recording without it.

7. 7

   Both spouses must sign to convey a homestead. If the property is the homestead of a married person, Neb. Rev. Stat. Section 40-104 makes the conveyance void unless both spouses execute and acknowledge the deed, even if only one spouse is on title. Common quitclaim uses include divorce transfers, adding or removing a spouse, and moving a home into a trust.

Nebraska Requirements for Quitclaim Deed

• Sign and Acknowledge Before a Notary

  To record a Nebraska quitclaim deed, the grantor must sign it and acknowledge the signature before a notary public. Neb. Rev. Stat. Section 76-211 requires a deed to be signed by the grantor of lawful age and acknowledged or proved before the register of deeds may record it.

• No Witnesses Are Required

  Nebraska does not require witnesses to sign a deed. Neb. Rev. Stat. Section 76-211 lists only the grantor's signature and a notarial acknowledgment, so notarization, not attesting witnesses, is what makes the quitclaim deed recordable.

• Record With the County Register of Deeds

  Record the signed, notarized deed with the register of deeds of the county in which the real estate lies (Neb. Rev. Stat. Section 76-238). The deed takes effect against creditors and later good-faith purchasers only from the time it is delivered to the register of deeds for recording.

• Pay the Documentary Stamp Tax

  Neb. Rev. Stat. Section 76-901 imposes a documentary stamp tax on the grantor at $3.32 for each $1,000 of value or fraction of it. On or after January 1, 2032, the rate drops to $2.32 per $1,000. The tax is calculated on the value the deed conveys.

• Documentary Stamp Tax Exemptions

  Some transfers are exempt from the documentary stamp tax under Neb. Rev. Stat. Section 76-902. These include deeds between spouses, between ex-spouses conveying rights to property held during the marriage, or between parent and child without actual consideration, and deeds to or from a government body.

• File the Real Estate Transfer Statement (Form 521)

  Under Neb. Rev. Stat. Section 76-214 the grantee must file a completed Real Estate Transfer Statement (Form 521) with the register of deeds when the deed is presented. The register cannot accept the deed for recording without it.

• Both Spouses Must Sign to Convey a Homestead

  If the property is the homestead of a married person, Neb. Rev. Stat. Section 40-104 requires both spouses to execute and acknowledge the deed. A homestead conveyance, including a quitclaim, is void unless both spouses sign and acknowledge it, even when only one spouse is on title.

• Nebraska Has No Statutory Quitclaim Form

  Nebraska prescribes no fill-in statutory quitclaim form. Neb. Rev. Stat. Section 76-209 recognizes the quitclaim by name and confirms it does not pass after-acquired title, and Section 76-104 provides that a conveyance transfers the entire interest the grantor has power to convey unless a lesser interest is stated.