South Carolina Quitclaim Deed
A South Carolina quitclaim deed (or quit claim deed) needs two witnesses, then record with the Register of Deeds and pay the fee. Attorney review available.
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 trust, or clearing up a possible claim on a title. In South Carolina the person giving up the interest is the grantor and the person receiving it is the grantee. South Carolina is a two-witness state: S.C. Code Section 27-7-10 and Section 30-5-30(B) require the grantor to sign the deed in the presence of two credible witnesses and to have the signing acknowledged before a notary public or other officer before it can be recorded. You then record the deed with the Register of Deeds (or the Clerk of Court in a county that has no Register of Deeds) in the county where the land lies, and pay the Deed Recording Fee of $1.85 per $500 of value. 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 (often typed quit claim deed) is used mainly between people who trust each other.
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Sign in front of two witnesses. South Carolina is a genuine two-witness state. S.C. Code Section 27-7-10 makes a deed effectual to pass a fee simple only if it is executed in the presence of and subscribed by two or more credible witnesses, and Section 30-5-30(B) requires the grantor to sign in the presence of two witnesses. A deed lacking two witnesses is defective.
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The deed must also be acknowledged or proved before an officer. To record, S.C. Code Section 30-5-30 requires that execution be proved either by the grantor's acknowledgment before a notary or other officer, or by the affidavit of a subscribing witness taken before such an officer. This acknowledgment or probate is separate from, and in addition to, the two witnesses.
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Record with the Register of Deeds. Under S.C. Code Section 30-5-10(A) the deed is recorded by the Register of Deeds of the county where the land lies, or by the Clerk of Court in counties that have no Register of Deeds. Recording gives an instrument effect against a later buyer or creditor only from the time it is recorded under South Carolina's race-notice rule (Section 30-7-10).
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Pay the Deed Recording Fee and file an affidavit of value. South Carolina charges a Deed Recording Fee of $1.85 for each $500 of the realty's value under S.C. Code Section 12-24-10(A), and Section 12-24-70 requires an affidavit showing the value of the realty to be filed with the deed.
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You usually do not need your spouse to join. South Carolina is not a community-property state and has abolished dower, so a married owner may quitclaim individually owned real estate without the non-owner spouse signing. Common quitclaim uses include divorce transfers, adding or removing a spouse, and moving a home into a trust.
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There is no South Carolina quitclaim form to fill in. The statutory release form at S.C. Code Section 27-7-10 carries a warranty (warrant-and-defend) covenant, which Section 27-7-20 makes optional. A quitclaim deed simply omits that covenant, so it conveys only the grantor's interest with no warranty of title; there is no separate quitclaim-specific statutory form.
Key decisions before you file
Before you file a Quitclaim Deed in South Carolina, 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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South Carolina Requirements for Quitclaim Deed
South Carolina is a two-witness state. S.C. Code Section 27-7-10 makes a deed effectual to pass a fee simple only if it is executed in the presence of and subscribed by two or more credible witnesses, and Section 30-5-30(B) requires the grantor to sign in the presence of two witnesses. A quitclaim deed that is not signed before two witnesses is defective.
To be recorded, execution must be proved before a notary or other officer competent to administer an oath. S.C. Code Section 30-5-30 allows this either by the grantor's acknowledgment or by the affidavit of a subscribing witness. This acknowledgment or probate is in addition to, not a substitute for, the two witnesses.
Record the signed, witnessed, and acknowledged deed with the Register of Deeds of the county where the property is located, or with the Clerk of Court in a county that has no Register of Deeds (S.C. Code Section 30-5-10(A)). Under the race-notice rule in Section 30-7-10, the deed has effect against a later buyer or creditor without notice only from the time it is recorded.
South Carolina imposes a Deed Recording Fee under S.C. Code Section 12-24-10(A) of one dollar eighty-five cents ($1.85) for each five hundred dollars, or fractional part of five hundred dollars, of the realty's value. The fee is paid to the Register of Deeds or Clerk of Court when the deed is recorded.
S.C. Code Section 12-24-70(A)(1) requires the Register of Deeds or Clerk of Court to have an affidavit showing the value of the realty filed with the deed. The affidavit states the property's value and any claimed exemption, and the Deed Recording Fee is computed from that value.
Some transfers are exempt from the Deed Recording Fee under S.C. Code Section 12-24-40. These include a transfer where no gain or loss is recognized under Internal Revenue Code Section 1041 (transfers between spouses or incident to divorce), a corrective deed or a quitclaim deed used to confirm title already vested in the grantee where no consideration is paid, and a transfer of realty worth one hundred dollars or less.
South Carolina has no quitclaim-specific statutory form. The statutory release form at S.C. Code Section 27-7-10 includes a warrant-and-defend covenant, which Section 27-7-20 makes optional. A quitclaim deed simply omits that covenant and uses remise-and-release language, so it conveys only the grantor's interest with no warranty of title.
Most South Carolina deeds executed after July 1, 1976 must include a derivation clause in the property description under S.C. Code Section 30-5-35, but that statute expressly exempts a quitclaim or non-warranty deed. A quitclaim deed therefore does not need a derivation clause to be recorded.
Frequently Asked Questions
A quitclaim deed is a deed that transfers whatever interest you have in South Carolina real estate to someone else, without any warranty that the title is good. It is often typed as a quit claim deed or quick 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 South Carolina warranty deed includes the warrant-and-defend covenant, so the grantor guarantees the title and the grantee can sue if it turns out to be flawed. A quitclaim deed omits that covenant. S.C. Code Section 27-7-20 makes the warranty language optional, and a quitclaim simply leaves it out, so the grantee receives only whatever interest the grantor actually holds.
Yes. South Carolina is a two-witness state. S.C. Code Section 27-7-10 makes a deed effectual to pass a fee simple only if it is signed in the presence of and subscribed by two or more credible witnesses, and Section 30-5-30(B) requires the grantor to sign in the presence of two witnesses. The signing must also be acknowledged before a notary or other officer. A deed missing either step cannot be recorded.
You record it with the Register of Deeds of the county where the property is located, or with the Clerk of Court in a county that has no Register of Deeds, as S.C. Code Section 30-5-10(A) directs. Recording gives public notice and, under South Carolina's race-notice rule in Section 30-7-10, protects the grantee against a later buyer or creditor only from the time the deed is recorded.
You pay the Deed Recording Fee plus the Register of Deeds' recording charge. Under S.C. Code Section 12-24-10(A) the Deed Recording Fee is $1.85 for each $500, or fractional part of $500, of the realty's value. An affidavit of value must be filed with the deed under Section 12-24-70. Some transfers, including many between spouses or incident to divorce, are exempt under Section 12-24-40.
No. Recording the deed with the Register of Deeds moves whatever ownership interest you hold, but it does not reach the lender's lien or the loan behind it. If your name is on the note, you stay liable even after the quitclaim is recorded under South Carolina's race-notice rule. To come off the mortgage you generally need the lender to refinance the loan or sign a formal release.
Usually no. South Carolina is not a community-property state and has abolished dower, so a married owner may quitclaim individually owned real estate without the non-owner spouse joining in the deed. If the two of you own the property together, though, both owners must sign to convey the whole interest. A quitclaim is commonly used to move property between spouses in a divorce.
No. A quitclaim conveys only the grantor's interest, if any, and gives no guarantee of title. S.C. Code Section 27-7-20 makes the warrant-and-defend covenant optional, and a quitclaim simply leaves it out, so no warranty backs the deed. Recording under South Carolina's race-notice rule (Section 30-7-10) sets priority but clears no lien. A title search and title insurance are the protection a quitclaim does not give.