Ohio Quitclaim Deed

Introduction

Key Things to Know

1. 1

   A quitclaim deed (often typed 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

   Record it with the county recorder. Under Ohio Rev. Code Section 5301.25 a deed is recorded in the office of the county recorder of the county in which the property is situated. Until it is recorded, the deed is treated as fraudulent as against a later good-faith purchaser who buys without knowing about it.

3. 3

   You must sign before a notary. Ohio Rev. Code Section 5301.01 requires the grantor to sign the deed and acknowledge that signature before a notary public (or another authorized officer such as a judge, county auditor, or mayor), who certifies the acknowledgment. An acknowledgment is the notarized statement confirming who signed.

4. 4

   No witnesses are required. Ohio removed the old two-witness rule for deeds executed on or after February 1, 2002. Under current Ohio Rev. Code Section 5301.01 a quitclaim deed needs only the grantor's signature and a notary acknowledgment, not subscribing witnesses.

5. 5

   Pay the conveyance fee at the county auditor first. Before the recorder will record, you take the deed to the county auditor, file a statement of value on form DTE 100, and pay the mandatory conveyance fee of $1.00 or 10 cents per $100 of value, whichever is greater (Ohio Rev. Code Section 319.54(G)(3)). A county may add a permissive real property transfer tax of up to 30 cents per $100 (Ohio Rev. Code Section 322.02).

6. 6

   Ohio has a statutory quit-claim form. Ohio Rev. Code Section 5302.11 sets out a short quit-claim deed form and states the deed conveys without covenants of any kind on the part of the grantor. Using that form is not mandatory, but a deed in substance following it has full statutory effect.

7. 7

   A spouse may need to release dower. Ohio keeps dower, a spouse's life-estate interest in one third of real property the other spouse owned during the marriage (Ohio Rev. Code Section 2103.02). The statutory form at Section 5302.11 includes a line for the grantor's spouse to release all rights of dower. Common quitclaim uses include divorce transfers and adding or removing a spouse from title.

Ohio Requirements for Quitclaim Deed

• Sign Before a Notary Public

  To record an Ohio quitclaim deed the grantor must sign it and acknowledge that signature before a notary public or another authorized officer, such as a judge, county auditor, or mayor, who certifies the acknowledgment (Ohio Rev. Code Section 5301.01). An acknowledgment is the officer's notarized statement confirming who signed.

• No Witnesses Are Required

  Ohio removed the old two-witness attestation rule for deeds executed on or after February 1, 2002. Under current Ohio Rev. Code Section 5301.01 a quitclaim deed needs only the grantor's signature and a notary acknowledgment; no subscribing witnesses are required.

• Take the Deed to the County Auditor First

  Ohio uses a two-office sequence. Before the recorder will record, present the deed to the county auditor, who transfers the property on the tax list and endorses the deed as transferred (Ohio Rev. Code Section 319.20). Ohio Rev. Code Section 317.22 bars the county recorder from recording the deed until it bears the auditor's endorsement.

• File a Statement of Value on Form DTE 100

  Before the auditor endorses the deed, the grantee must file a statement declaring the value of the property conveyed, on the tax commissioner's form DTE 100 (Ohio Rev. Code Section 319.202). If the transfer is exempt from the conveyance fee, you file form DTE 100EX stating the reason for the exemption instead.

• Pay the Conveyance Fee

  Ohio charges a mandatory statewide conveyance fee of $1.00 or 10 cents per $100 of the value of the property transferred, whichever is greater (Ohio Rev. Code Section 319.54(G)(3)). A county may also levy a permissive real property transfer tax of up to 30 cents per $100 of value (Ohio Rev. Code Section 322.02). The fee is paid at the county auditor before recording.

• Record With the County Recorder

  After the auditor endorses the deed, record it with the county recorder of the county in which the property is situated (Ohio Rev. Code Section 5301.25). Until it is recorded, the deed is treated as fraudulent as against a later good-faith purchaser who buys the property without knowing about the earlier deed.

• Ohio Has a Statutory Quit-Claim Form

  Ohio Rev. Code Section 5302.11 sets out a short statutory quit-claim deed form and states that the deed conveys the property but without covenants of any kind on the part of the grantor. Using the statutory form is not mandatory, but a deed in substance following it has full statutory effect and carries no warranty of title.

• A Spouse May Need to Release Dower

  Ohio keeps dower, a spouse's life-estate interest in one third of real property the other spouse owned during the marriage (Ohio Rev. Code Section 2103.02). The statutory quit-claim form at Ohio Rev. Code Section 5302.11 includes a line for the grantor's spouse to release all rights of dower, so a married grantor commonly has the spouse sign to release that interest.