Pennsylvania Quitclaim Deed
A Pennsylvania quit claim deed transfers your interest with no warranty. Record it with the county Recorder of Deeds and pay the 1% Realty Transfer Tax.
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 Pennsylvania the person giving up the interest is the grantor and the person receiving it is the grantee. Pennsylvania fixes the legal effect of the words release and quit claim by statute (21 P.S. Section 7), so those operative words pass all of the grantor's right, title, and interest with no warranty. To record the deed the grantor signs it before a notary public (an acknowledgment), then records it with the Recorder of Deeds in the county where the land lies. Pennsylvania charges a 1% state Realty Transfer Tax, and most municipalities add a local tax on top. 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 (the person receiving it) 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 quit claim deed is used mainly between people who trust each other.
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Record it with the Recorder of Deeds. A Pennsylvania deed is recorded in the office of the Recorder of Deeds in the county where the land is located (21 P.S. Section 42). Recording protects the grantee against a later buyer under Pennsylvania's race-notice rule, so an unrecorded deed can be void as to a later good-faith purchaser who records first (21 P.S. Section 351).
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The grantor must acknowledge the deed before a notary. Before the Recorder of Deeds will record the deed, the grantor has to acknowledge it before a qualifying officer such as a notary public (21 P.S. Section 42). This acknowledgment is the operative signing formality for recording.
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No witnesses are required. A Pennsylvania quitclaim deed does not need subscribing witnesses when the grantor personally acknowledges it before a notary. Proof of the deed by two witnesses is only an alternative used when the grantor does not acknowledge it.
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Pay the Realty Transfer Tax and, when needed, file Form REV-183. Pennsylvania imposes a 1% state Realty Transfer Tax on the value of the realty conveyed (61 Pa. Code Section 91.111), and most municipalities and school districts add a local tax, commonly another 1%. A Statement of Value (Form REV-183) is filed with the deed when the full value is not set forth in the deed, when the transfer is a gift, or when an exemption is claimed (61 Pa. Code Section 91.112).
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There is no required Pennsylvania quitclaim form. The state does not prescribe a fill-in-the-blank statutory quitclaim deed. Instead, 21 P.S. Section 7 fixes the legal effect of the words release and quit claim, which convey all of the grantor's right, title, and interest with no warranty of title.
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You usually do not need a spouse to join. Pennsylvania is not a community-property state and has abolished dower and curtesy (20 Pa.C.S. Section 2105), so a non-owner spouse generally does not have to sign a quit claim deed of the other spouse's individually owned property. But property a couple owns together as tenants by the entireties can only be conveyed if both spouses sign, because each is a co-owner. Transfers between spouses and other close relatives are exempt from the Realty Transfer Tax (61 Pa. Code Section 91.193).
Key decisions before you file
Before you file a Quitclaim Deed in Pennsylvania, 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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Pennsylvania Requirements for Quitclaim Deed
Before the Recorder of Deeds will record a Pennsylvania quitclaim deed, the grantor must acknowledge it before a notary public or other qualifying officer (21 P.S. Section 42). This acknowledgment, not a plain signature, is the operative formality that makes the deed recordable.
Pennsylvania does not require subscribing witnesses when the grantor acknowledges the deed before a notary. Under 21 P.S. Section 42, proof of the deed by two witnesses is only an alternative used when the grantor does not personally acknowledge it, so a notarized grantor signature is enough.
Record the signed, acknowledged deed with the Recorder of Deeds in the county where the property is located (21 P.S. Section 42). Recording protects the grantee under Pennsylvania's race-notice rule: an unrecorded deed can be void against a later good-faith buyer who records first (21 P.S. Section 351).
Pennsylvania imposes a state Realty Transfer Tax of 1% of the value of the realty conveyed (61 Pa. Code Section 91.111). Most municipalities and school districts add a local realty transfer tax on top, commonly another 1%, so the combined rate in many areas is about 2%.
A Statement of Value (Pennsylvania Department of Revenue Form REV-183) is filed with the deed when the full value is not set forth in the deed, when the transfer is a gift or without consideration, or when a tax exemption is claimed (61 Pa. Code Section 91.112). It is filed in duplicate with the Recorder of Deeds.
Many family transfers are excluded from the Realty Transfer Tax under 61 Pa. Code Section 91.193, including transfers between spouses, between a parent or grandparent and a child or grandchild, between siblings, between a parent or grandparent and a child's or grandchild's spouse, and between people who were previously married. Claim the exemption on the deed or on Form REV-183.
Pennsylvania does not prescribe a mandatory fill-in-the-blank statutory quitclaim deed. Instead, 21 P.S. Section 7 fixes the legal effect of the operative words release and quit claim, which convey all of the grantor's right, title, and interest with no warranty of title. The deed just has to use those words and meet the recording formalities.
Pennsylvania is not a community-property state and has abolished dower and curtesy (20 Pa.C.S. Section 2105), so a non-owner spouse generally need not sign a quitclaim of the other spouse's individually owned property. But property held by both spouses as tenants by the entireties can only be conveyed if both spouses sign, because each is a co-owner of the whole.
Frequently Asked Questions
A quitclaim deed is a deed that transfers whatever interest you have in Pennsylvania real estate to someone else, without any warranty that the title is good. It is often typed as a quit claim deed (and sometimes misspelled quick claim deed). Under 21 P.S. Section 7 the words release and quit claim pass all of the grantor's right, title, and interest, but they make no promise that you own the property or that the title is free of other claims.
The difference is the promise about title. A Pennsylvania warranty deed guarantees that the grantor owns the property and that the title is clear, and the grantee can sue the grantor if that turns out to be false. A quitclaim deed makes no such promise. It only remises, releases, and quit-claims whatever interest the grantor has under 21 P.S. Section 7, so the grantee takes the property subject to any existing liens or defects.
You record it with the Recorder of Deeds in the county where the property is located (21 P.S. Section 42). Recording gives public notice and protects the grantee under Pennsylvania's race-notice rule, meaning an unrecorded deed can be void against a later good-faith buyer who records first (21 P.S. Section 351). Bring the recording fee, the Realty Transfer Tax, and a Statement of Value (Form REV-183) if one is required.
Pennsylvania imposes a 1% state Realty Transfer Tax on the value of the realty conveyed (61 Pa. Code Section 91.111), and most municipalities and school districts add a local realty transfer tax, commonly another 1%. Many family transfers are exempt, including transfers between spouses, between a parent or grandparent and a child or grandchild, between siblings, and between people who were previously married (61 Pa. Code Section 91.193).
It needs to be notarized, not witnessed. Before the Recorder of Deeds will record the deed, the grantor must acknowledge it before a notary public or other qualifying officer (21 P.S. Section 42). Subscribing witnesses are not required when the grantor acknowledges the deed; proof by two witnesses is only an alternative used when the grantor does not personally acknowledge it.
No. Recording the deed with your county Recorder of Deeds passes your ownership interest to the grantee, but it does not reach the lender's mortgage lien on the property. If your name is on the note, you stay personally liable even after you quit claim your interest away. Only the lender can release you, by refinancing the loan into the other person's name or signing a formal release, so talk to the lender before you sign.
Not always. Pennsylvania is not a community-property state and has abolished dower and curtesy (20 Pa.C.S. Section 2105), so a non-owner spouse generally does not have to sign a quit claim deed of the other spouse's individually owned property. But if the couple owns the property together as tenants by the entireties, both spouses must sign, because each of them is a co-owner of the whole property.
No. Under 21 P.S. Section 7 the words release and quit claim pass only whatever right, title, and interest the grantor holds, with no warranty, so the deed cannot wipe out existing liens or mortgages and gives no guarantee the grantor ever owned the property. Pennsylvania is a race-notice state, meaning a later good-faith buyer who records first can defeat an earlier unrecorded claim. Only a title search and title insurance give the protection a quitclaim never provides.