North Dakota Quitclaim Deed
North Dakota quit claim deed: no transfer tax, but notarize it, certify the full consideration, and record with the county recorder. No warranty of title.
Introduction
North Dakota is among the minority of states that charge no real estate transfer tax, deed tax, or documentary stamp tax when you record a deed, yet it still requires the grantee to certify the full consideration paid, or a reference to the applicable exemption, on the face of the deed itself under N.D.C.C. Section 11-18-02.2. 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 trust, or clearing up a possible claim on a title. In North Dakota the person giving up the interest is the grantor and the person receiving it is the grantee. To record a North Dakota quitclaim deed you must sign it before a notary, because N.D.C.C. Section 47-19-03 requires the deed to be acknowledged before it can be recorded; no witnesses are required (N.D.C.C. Section 47-10-05). You then record it with the recorder of the county where the property sits, the office renamed from the register of deeds by N.D.C.C. Section 11-18-01.1 (N.D.C.C. Section 47-19-07). North Dakota also has no quitclaim-specific statutory form: the short form at N.D.C.C. Section 47-10-06 is a grant deed, while quitclaim deeds are separately recognized at N.D.C.C. Section 47-10-15. Attorney review is available as an option before you sign.
Key Things to Know
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North Dakota charges no transfer tax, but you must certify the consideration on the face of the deed. North Dakota is among the minority of states that levy no real estate transfer, deed, or documentary stamp tax (N.D.C.C. chapter 11-18). In its place, the grantee or the grantee's authorized agent must certify on the face of the deed either the full consideration (the price or value) paid or a reference to the applicable exemption, such as a gift for no consideration (N.D.C.C. Section 11-18-02.2). You still pay the county recorder's recording fee.
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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.
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Record it with the county recorder, and recording is race-notice. A North Dakota deed is recorded by the recorder of the county where the property is located (N.D.C.C. Section 47-19-07); this office was renamed from the register of deeds by N.D.C.C. Section 11-18-01.1. North Dakota follows a race-notice priority rule (N.D.C.C. Section 47-19-41, which calls this instrument a deed of quitclaim and release): an unrecorded deed is void against a later good-faith purchaser for value who records first, so record promptly. The recorder also expects a top margin of at least three inches on the first page, a legal-size sheet no larger than 8.5 by 14 inches, and a font at or above 10-point Calibri under the chapter 11-18 recording format standards.
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You must sign before a notary. Before a North Dakota deed can be recorded its execution must be established, and the standard way is acknowledgment (notarization) by the grantor under N.D.C.C. Section 47-19-03, with an original signature on the document. Without a notary acknowledgment the county recorder will not record it.
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No witnesses are required. When the deed is acknowledged before a notary, North Dakota does not require witnesses. Under N.D.C.C. Section 47-10-05 a subscribing witness is only an alternative for a deed that is not acknowledged, so a notarized quitclaim needs no witnesses, and the absence of a seal does not impair the deed.
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There is no North Dakota quitclaim form to fill in. The statutory short form at N.D.C.C. Section 47-10-06 is a grant deed, not a quitclaim. Quitclaim deeds are separately recognized in the code (N.D.C.C. Section 47-10-15). A quitclaim uses remise, release, and quitclaim words instead of grant, so the implied covenants that arise from the word grant under N.D.C.C. Section 47-10-19 never attach.
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Both spouses must sign to convey a homestead. Under N.D.C.C. Section 47-18-05 the homestead of a married person cannot be conveyed or encumbered 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 North Dakota, 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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North Dakota Requirements for Quitclaim Deed
Before a North Dakota deed can be recorded its execution must be established, and the standard way is acknowledgment (notarization) by the grantor under N.D.C.C. Section 47-19-03. The document and any acknowledgment must carry an original signature. Without a notary acknowledgment the county recorder will not record the deed.
When the deed is acknowledged before a notary, North Dakota does not require witnesses. N.D.C.C. Section 47-10-05 makes a subscribing witness only an alternative for a deed that is not acknowledged, so a notarized quitclaim needs no witnesses. The section also confirms that the absence of a seal does not impair the deed.
Record the signed, notarized deed with the recorder of the county where the property is located (N.D.C.C. Section 47-19-07). This office was formerly called the register of deeds and was renamed the recorder by N.D.C.C. Section 11-18-01.1. Recording gives public notice and sets priority under the state's race-notice rule (N.D.C.C. Section 47-19-41).
North Dakota imposes no real estate transfer tax, deed tax, or documentary stamp tax on a deed (N.D.C.C. chapter 11-18). You pay only the county recorder's recording fee. This makes North Dakota one of the states that levies no excise or transfer tax when you record a quitclaim deed.
Even though there is no transfer tax, the grantee or the grantee's authorized agent must certify on the face of the deed either a statement of the full consideration (the price or value) paid for the property, or a reference to the applicable exemption such as a gift for no consideration (N.D.C.C. Section 11-18-02.2).
North Dakota codifies a statutory grant deed at N.D.C.C. Section 47-10-06 but no quitclaim-specific form; quitclaim deeds are separately recognized at N.D.C.C. Section 47-10-15. A quitclaim uses remise-and-release language instead of the word grant, so the covenants implied by N.D.C.C. Section 47-10-19 from the word grant do not attach and the deed carries no warranty of title.
Under N.D.C.C. Section 47-18-05 the homestead of a married person cannot be conveyed or encumbered unless both spouses execute and acknowledge the deed, regardless of the property's value and even when only one spouse holds title. A homestead quitclaim signed by one spouse alone is not effective, so both must sign and be notarized.
If the property is described by metes and bounds, N.D.C.C. Section 47-19-03.1 requires the deed to state the name and address of the person who drafted the instrument. The recorder also expects a top margin of at least three inches on the first page for computerized recording labels under the chapter 11-18 format standards.
Frequently Asked Questions
A quitclaim deed is a deed that transfers whatever interest you have in North Dakota 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. It simply passes along the interest you hold, if any.
The difference is the promise about title. A North Dakota 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. Under N.D.C.C. Section 47-10-19 the covenants that protect a buyer are implied only from using the word grant, and a quitclaim uses release and quitclaim language instead, so none of those covenants attach.
Yes. Before a deed can be recorded in North Dakota its execution must be established, and the standard method is acknowledgment before a notary public by the grantor (N.D.C.C. Section 47-19-03). Without a notary acknowledgment the county recorder will not accept the deed. A subscribing witness is only an alternative for a deed that has not been acknowledged.
You record it with the recorder of the county where the property is located, as N.D.C.C. Section 47-19-07 requires. This office used to be called the register of deeds and was renamed the recorder by N.D.C.C. Section 11-18-01.1. Recording gives public notice and protects the grantee against a later buyer under North Dakota's race-notice priority rule (N.D.C.C. Section 47-19-41).
No. North Dakota imposes no real estate transfer tax, deed tax, or documentary stamp tax (N.D.C.C. chapter 11-18). You still have to certify on the face of the deed either the full consideration (the price or value) paid or a reference to the applicable exemption, such as a gift for no consideration, under N.D.C.C. Section 11-18-02.2. You also pay the county recorder's recording fee.
Yes. North Dakota follows a race-notice priority rule under N.D.C.C. Section 47-19-41, which names this instrument a deed of quitclaim and release. An unrecorded deed is void against a later purchaser who buys in good faith, pays value, and records first. In practice this means you should record your quitclaim promptly with the county recorder, because a later buyer who records before you can defeat your interest.
For a homestead, yes. Under N.D.C.C. Section 47-18-05 the homestead of a married person cannot be conveyed or encumbered unless both spouses execute and acknowledge the deed, even if only one spouse holds title. A homestead quitclaim signed by one spouse alone is not effective. For non-homestead property, only the owner named as grantor needs to sign.
Yes. Under the North Dakota chapter 11-18 recording format standards the deed should leave a top margin of at least three inches on the first page for computerized recording labels, use a single legal-size sheet no larger than 8.5 by 14 inches, and use a font at or above 10-point Calibri. If the property is described by metes and bounds, the deed must also state the name and address of the person who drafted it (N.D.C.C. Section 47-19-03.1).