Nebraska Quitclaim Deed
A Nebraska quitclaim deed (or quit claim deed) transfers your interest with no warranty. Record it with the county register of deeds and file Form 521.
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 Nebraska the person giving up the interest is the grantor and the person receiving it is the grantee. Nebraska law recognizes the quitclaim by name in Neb. Rev. Stat. Section 76-209, which provides that title the grantor acquires later does not pass under a quitclaim the way it can under a warranty deed. To record a Nebraska quitclaim deed the grantor must sign it and have the signature acknowledged before a notary under Neb. Rev. Stat. Section 76-211; no witnesses are required. You then record it with the register of deeds of the county where the property lies, and the grantee files a Real Estate Transfer Statement (Form 521) at the same time. Attorney review is available as an option before you sign.
Key Things to Know
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Key decisions before you file
Before you file a Quitclaim Deed in Nebraska, a few decisions shape the document: which option to choose and what each one means. The Quitclaim Deed guide walks through them.
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Nebraska Requirements for Quitclaim Deed
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.
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 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.
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.
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.
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.
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 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.
Frequently Asked Questions
A quitclaim deed is a deed that transfers whatever interest you have in Nebraska real estate to someone else, without any warranty that the title is good. It is often typed as a quit claim deed. Unlike a warranty deed, it makes no promise that you own the property or that the title is free of other claims. Neb. Rev. Stat. Section 76-209 recognizes the quitclaim and confirms it does not carry the after-acquired-title effect of a warranty deed.
The difference is the promise about title. A Nebraska warranty deed guarantees that the grantor owns the property and that the title is clear, and the grantee can sue if that turns out to be false. A quitclaim deed makes no such promise; it passes only whatever interest the grantor actually holds. Neb. Rev. Stat. Section 76-209 also provides that title the grantor acquires later does not automatically pass to the grantee under a quitclaim, as it can under a warranty deed.
Yes. To record a quitclaim deed in Nebraska the grantor must sign it and have the signature acknowledged before a notary public. Neb. Rev. Stat. Section 76-211 requires a deed to be signed and acknowledged or proved before the register of deeds can record it. No witnesses are needed; the notarization is what makes the deed recordable.
You record it with the register of deeds of the county where the property lies, as Neb. Rev. Stat. Section 76-238 provides. Recording gives public notice and, from the time the deed is delivered for recording, protects the grantee against creditors and later good-faith purchasers. The grantee must also file a Real Estate Transfer Statement (Form 521) when the deed is presented.
You pay the register of deeds' recording fee plus the documentary stamp tax. Neb. Rev. Stat. Section 76-901 imposes the tax on the grantor at $3.32 per $1,000 of value or fraction of it, dropping to $2.32 per $1,000 on or after January 1, 2032. Transfers between spouses, between ex-spouses, or between parent and child without actual consideration are exempt under Section 76-902.
No. Recording the deed with the county register of deeds moves your interest in the property to the grantee, but it never reaches the lender's lien on it. Neb. Rev. Stat. Section 76-238 passes only the grantor's interest; it does nothing to the underlying mortgage or deed of trust. If your name is on the note you stay liable until the lender agrees to refinance the loan or formally release you from it.
No. Nebraska does not prescribe a fill-in statutory quitclaim form. Chapter 76 recognizes the quitclaim by name and legal effect in Neb. Rev. Stat. Section 76-209, and Section 76-104 provides that a conveyance transfers the entire interest the grantor has power to convey unless a lesser interest is stated, but there is no official form to complete. Any deed that meets the signing, acknowledgment, and recording rules works.
No. A Nebraska quitclaim conveys only whatever interest the grantor actually holds, with no warranty of title; Neb. Rev. Stat. Section 76-209 confirms it does not even carry the after-acquired title a warranty deed can. It clears no liens, mortgages, or other claims and guarantees no ownership. Recording with the register of deeds protects the grantee against creditors and later good-faith purchasers only from the time the deed is delivered (Section 76-238). A title search and title insurance are the protection a quitclaim does not give.