South Carolina Quitclaim Deed

Introduction

Key Things to Know

1. 1

   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.

2. 2

   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.

3. 3

   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.

4. 4

   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).

5. 5

   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.

6. 6

   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.

7. 7

   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.

South Carolina Requirements for Quitclaim Deed

• Sign in the Presence of Two Witnesses

  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.

• Acknowledge or Prove the Deed Before an Officer

  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 With the Register of Deeds

  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.

• Pay the Deed Recording Fee

  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.

• File an Affidavit of Value With the Deed

  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.

• Deed Recording Fee Exemptions for Spouses, Divorce, and Confirming Deeds

  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.

• No Quitclaim-Specific Statutory Form

  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.

• A Derivation Clause Is Not Required for a Quitclaim Deed

  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.