Tennessee Quitclaim Deed
A Tennessee quitclaim deed (or quit claim deed) transfers your interest with no warranty. Sign it before a notary or two subscribing witnesses and record it with the county register of deeds.
Introduction
In Tennessee you record a quitclaim deed with the county register of deeds, not a county recorder, and the state gives the grantor two ways to authenticate a signature: acknowledge it before a notary or have it proved by at least two subscribing witnesses (Tennessee Section 66-22-101). A quitclaim deed itself 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. Because a quitclaim only passes along whatever interest you hold, people use it for lower-risk transfers between parties 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. The person giving up the interest is the grantor and the person receiving it is the grantee. Tennessee codifies an optional short-form quitclaim at Tennessee Section 66-5-103, and its words carry no warranty at all, unlike the warranty short form in the same statute that adds a promise to warrant the title. Once the deed is signed and authenticated, you record it with the register of deeds in the county where the property sits, pay the realty transfer tax of $0.37 per $100, and put a sworn oath of consideration on the face of the deed (Tennessee Section 67-4-409). Attorney review is available as an option before you sign.
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Key Things to Know
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A quitclaim deed (often typed as a quit claim deed) conveys only the interest the grantor actually holds. It passes whatever ownership you have in the property to the grantee and promises nothing about the title, not even that you own the land. A warranty deed is the opposite: it guarantees the title, which is why the quitclaim is reserved for transfers between people who already trust one another.
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File it with the county register of deeds. A Tennessee deed is registered with the register of deeds of the county in which the land lies. Under Tennessee Section 66-26-105 the instrument registered first generally takes preference over an earlier deed registered afterward, so prompt registration protects the grantee. Tennessee also allows electronic recording, but Tennessee Section 66-24-101 says no county register is required to accept an electronically transmitted document, so e-recording depends on the county.
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Authenticate the grantor's signature one of two ways. Under Tennessee Section 66-22-101 the grantor signs and the signature is then either acknowledged before a notary (the usual route) or proved by at least two subscribing witnesses. Acknowledgment means the signer confirms the signature before a notary. The county register may refuse a deed that is not authenticated by one of these two methods.
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Witnesses are the substitute for a notary, not an extra step. If the deed is acknowledged before a notary, Tennessee asks for nothing more. Two subscribing witnesses are only the alternative a grantor may use in place of that acknowledgment.
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Budget for the realty transfer tax and swear to the value. Tennessee's recordation or realty transfer tax runs $0.37 per $100 of the greater of the consideration paid or the property's value (Tennessee Section 67-4-409). The grantee states that figure under oath on the face of the deed, the sworn oath of consideration. Consideration means the value given for the transfer.
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An optional statutory short form exists. Tennessee Section 66-5-103 supplies a short quitclaim form ('I hereby quitclaim to A. B. all my interest in the following land'). Using it is permissive rather than mandatory, and the statute says the forms may be varied to suit the precise state of facts.
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No signature is needed from a non-owner spouse. Tennessee is not a community-property state and has abolished dower and curtesy (Tennessee Section 31-2-102), so a spouse who is not on the title generally need not join the deed. A spouse who is a record co-owner, such as under a tenancy by the entirety, still signs to convey their own interest. Common quitclaim uses include divorce transfers and moving a home into a living trust.
Key decisions before you file
Before you file a Quitclaim Deed in Tennessee, 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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Tennessee Requirements for Quitclaim Deed
Acknowledge Before a Notary or Two Witnesses
The grantor must sign the deed, and under Tennessee Section 66-22-101 the signature must be either acknowledged before a notary public or proved by at least two subscribing witnesses. Notarizing is the standard path. The register of deeds may refuse to record a deed that is not authenticated one of these two ways.
Witnesses Are Only an Alternative to Notarizing
Tennessee does not require witnesses in addition to a notary. Under Tennessee Section 66-22-101 two subscribing witnesses are simply the substitute a grantor may use in place of a notary acknowledgment. If the deed is acknowledged before a notary, no witnesses are needed.
Record With the Register of Deeds
Record the signed, authenticated deed with the register of deeds of the county in which the land lies. Under Tennessee Section 66-26-105 the instrument registered first generally takes priority over an earlier deed registered afterward, unless the later party had full notice of the earlier one, so record promptly.
Include Owner and Tax-Party Names and Addresses
Tennessee Section 66-24-114 provides that the register of deeds shall not receive a deed of conveyance for recording unless it states the name and address of a property owner and the name and address of the person or entity responsible for paying the real property taxes. Put both on the deed before you record.
Pay the Realty Transfer Tax
Tennessee imposes a recordation or realty transfer tax of $0.37 per $100 of the greater of the consideration paid or the property's value, on a transfer of a freehold estate (Tennessee Section 67-4-409). The county register collects it when the deed is recorded, in addition to the register's recording fee.
State the Consideration Under Oath on the Deed
Under Tennessee Section 67-4-409 the grantee, the grantee's agent, or a trustee for the grantee must state under oath, on the face of the deed, the actual consideration or value, whichever is greater. This sworn oath of consideration is what the register uses to compute the realty transfer tax, and it must be accurate.
You May Use the Optional Statutory Quitclaim Form
Tennessee Section 66-5-103 provides an optional short-form quitclaim ('I hereby quitclaim to A. B. all my interest in the following land'). Its use is permissive, not mandatory, and the statute says the forms may be varied to suit the precise state of facts. The quitclaim words carry no warranty of title, unlike the warranty form in the same statute.
No Non-Owner Spouse Signature Is Required
Tennessee is not a community-property state, and Tennessee Section 31-2-102 abolished dower and curtesy. A spouse who is not on title generally does not have to join in conveying the titled spouse's separately owned real property. A spouse who is a record co-owner, such as under a tenancy by the entirety, must still sign to convey their own interest.
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