Rhode Island Quitclaim Deed
A Rhode Island quitclaim deed (or quit claim deed) records in the city or town land evidence records and carries limited quitclaim covenants. Attorney review available.
Introduction
A quitclaim deed transfers whatever ownership interest the person giving it up has in a piece of real estate to the person receiving it, and in most states it makes no promise that the title is good or even that the giver owns anything. Rhode Island is different in one important way. The state provides a statutory Quitclaim Deed at R.I. Gen. Laws Section 34-11-12, and by Section 34-11-17 and Section 34-11-18 that deed carries limited quitclaim covenants: the grantor (the person transferring) warrants and defends the title, but only against claims by, through, or under the grantor. It does not protect the grantee against claims that arose before the grantor owned the property. That is narrower than a Rhode Island warranty deed, which warrants against the lawful claims of all persons. The person receiving the interest is the grantee. To be valid, a Rhode Island deed must be in writing, signed, acknowledged before a notary (Section 34-11-1 and Section 34-12-1), delivered, and recorded in the land evidence records of the city or town where the land lies. No witnesses are required. If the consideration paid exceeds $100, the grantor owes the real estate conveyance tax. Attorney review is available as an option before you sign.
Key Things to Know
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A quitclaim deed (often typed quit claim deed) transfers whatever ownership interest the grantor has to the grantee. In most states it comes with no warranty of title at all; Rhode Island's statutory version adds a limited covenant, explained in the next point.
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Rhode Island's quitclaim carries limited covenants. By R.I. Gen. Laws Section 34-11-17 and Section 34-11-18, the words with quitclaim covenants make the grantor warrant and defend the title, but only against claims by, through, or under the grantor. It does not cover title problems that predate the grantor's ownership, so it is a limited warranty, not a full one and not zero warranty.
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Record it in the city or town land evidence records. Rhode Island records deeds at the city or town level, not the county level. Under R.I. Gen. Laws Section 34-13-1 the town clerk or recorder of deeds records the deed in the land evidence records of the city or town where the property sits, and recording is a condition of a valid conveyance under Section 34-11-1.
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You must acknowledge it before a notary. To be recordable, a Rhode Island deed must be signed by the grantor and acknowledged (notarized) under Section 34-11-1 and Section 34-12-1. Acknowledgment means the signer confirms the signature before a notary or other officer.
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No witnesses are required. Section 34-11-1 lists signing, acknowledgment, delivery, and recording as the conditions of a valid conveyance and does not require subscribing witnesses. The word Witness in the statutory form is the old testimonium phrase (Witness my hand), not a call for a separate witness signature.
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The grantor pays the real estate conveyance tax. Under R.I. Gen. Laws Section 44-25-1, when the consideration paid exceeds $100 the deed is taxed at $3.75 for each $500 (or fraction) of the price, and, absent an agreement otherwise, the grantor pays it.
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There is a statutory form, and a non-titled spouse usually need not sign. Rhode Island prints a statutory short-form Quitclaim Deed at Section 34-11-12. Rhode Island abolished dower and curtesy and replaced them with a surviving-spouse life estate (Chapter 33-25), and a conveyance the owner records during life is not subject to that life estate, so a non-titled spouse's signature is not a validity requirement. Common quitclaim uses include divorce transfers, adding or removing a spouse, and moving a home into a living trust.
Key decisions before you file
Before you file a Quitclaim Deed in Rhode Island, 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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Rhode Island Requirements for Quitclaim Deed
A Rhode Island deed is void unless it is in writing, signed by the grantor, and acknowledged (notarized). R.I. Gen. Laws Section 34-11-1 sets these conditions, and Section 34-12-1 supplies the acknowledgment rule. Acknowledgment means the grantor confirms the signature before a notary or other authorized officer, which is what makes the deed recordable.
Rhode Island does not require subscribing witnesses on a deed. R.I. Gen. Laws Section 34-11-1 lists only signing, acknowledgment, delivery, and recording as the conditions of a valid conveyance. The word Witness in the statutory form is the old testimonium phrase (Witness my hand), not a call for a separate witness signature.
Record the signed, acknowledged deed in the land evidence records of the city or town where the property is located, with the town clerk or recorder of deeds (R.I. Gen. Laws Section 34-13-1). Rhode Island keeps land records at the city or town level, not the county level, and recording is a condition of a valid conveyance under Section 34-11-1.
Rhode Island's statutory Quitclaim Deed is not fully covenant-free. Under R.I. Gen. Laws Section 34-11-17 and Section 34-11-18, the words with quitclaim covenants make the grantor warrant and defend the title, but only against the lawful claims of persons claiming by, through, or under the grantor. It does not cover title problems that predate the grantor's ownership, so it is a limited warranty, not zero warranty.
Rhode Island imposes a real estate conveyance tax under R.I. Gen. Laws Section 44-25-1. When the consideration paid exceeds $100, the tax is $3.75 for each $500 of the price, or any fractional part of that $500. Unless the parties agree otherwise, the grantor pays it. A pure gift for no consideration over $100 does not trigger the tax by its terms.
Rhode Island prints a statutory short-form Quitclaim Deed at R.I. Gen. Laws Section 34-11-12. A deed that substantially follows that form has, when duly executed, the force of a fee-simple conveyance with the limited quitclaim covenants defined by Section 34-11-17. Using the statutory language is the reliable way to get the intended effect.
Rhode Island abolished dower and curtesy and replaced them with a surviving-spouse statutory life estate under Chapter 33-25. Because a conveyance the owner records during life is not subject to that life estate, a non-titled spouse's signature is not a validity requirement for a deed recorded while the grantor is alive. When both spouses hold title, both must sign to convey their interests.
Once recorded, a Rhode Island deed is constructive notice to all persons of its contents under R.I. Gen. Laws Section 34-13-2, which is what protects the grantee against later claimants. Rhode Island has also adopted the Uniform Real Property Electronic Recording Act (Section 34-13.2-3), so electronic recording is authorized where the city or town accepts electronic documents.
Frequently Asked Questions
A quitclaim deed is a deed that transfers whatever interest the grantor has in Rhode Island real estate to the grantee. It is often typed as a quit claim deed. Rhode Island's statutory Quitclaim Deed (R.I. Gen. Laws Section 34-11-12) is not fully covenant-free: by Section 34-11-17 and Section 34-11-18 it carries limited quitclaim covenants, meaning the grantor warrants the title only against claims by, through, or under the grantor, not against earlier claims.
The difference is how much of the title is warranted. A Rhode Island warranty deed makes the grantor warrant and defend the title against the lawful claims of all persons. A Rhode Island quitclaim deed carries only quitclaim covenants under Section 34-11-18, so the grantor warrants the title only against claims by, through, or under the grantor and not against title problems that arose before the grantor owned the property. A quitclaim is best used between people who already trust each other.
You record it with the town clerk or recorder of deeds, in the land evidence records of the city or town where the property is located (R.I. Gen. Laws Section 34-13-1). Rhode Island keeps land records at the city or town level, not the county level. Recording is one of the conditions of a valid conveyance under Section 34-11-1, and it gives constructive notice to others under Section 34-13-2. Electronic recording is authorized where the municipality accepts it.
Yes. Under R.I. Gen. Laws Section 34-11-1 a conveyance is void unless it is in writing, signed, acknowledged, delivered, and recorded, and Section 34-12-1 supplies the acknowledgment rule. Acknowledgment means signing before a notary or other authorized officer. Rhode Island does not require witnesses on a deed, so the notary acknowledgment is the operative formality that makes the deed recordable.
Rhode Island charges a real estate conveyance tax under R.I. Gen. Laws Section 44-25-1. When the consideration paid exceeds $100, the tax is $3.75 for each $500 of the purchase price, or any fractional part of that $500. Unless the parties agree otherwise, the grantor pays the tax. A pure gift for no consideration over $100 would not trigger the tax by its terms.
No. Recording your quitclaim deed with the town clerk or recorder of deeds moves your ownership interest into the city or town land evidence records, but it does not reach the lender's lien. If your name is on the note, you stay liable on that loan even after you give up your interest. Rhode Island's limited quitclaim covenants govern the title, not the debt, so to come off the mortgage you need the lender to refinance or formally release you.
Usually not, for validity. Rhode Island abolished dower and curtesy and replaced them with a surviving-spouse statutory life estate under Chapter 33-25. Because a conveyance the owner records during life is not subject to that life estate, a non-titled spouse's signature is not a validity requirement for a deed recorded while the grantor is alive. If both spouses are on title, both must sign to convey their interests.
No. A quitclaim deed does not clear mortgages, liens, or other claims. Rhode Island's quitclaim covenants only make the grantor defend the title against claims by, through, or under the grantor, so they do not protect against liens or claims that predate the grantor's ownership. The grantee receives whatever interest the grantor actually holds, subject to existing encumbrances.