Wyoming 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 as a quit claim deed) is used mainly between people who trust each other.

2. 2

   Record it with the county clerk. Under W.S. 34-1-118 a Wyoming deed is recorded in the office of the county clerk in the county where the land lies. Recording protects the grantee against a later good-faith purchaser under Wyoming's race-notice priority rule (W.S. 34-1-120).

3. 3

   You must acknowledge it before a notarial officer. W.S. 34-1-113 requires the grantor to acknowledge the deed before a notarial officer, and that acknowledgment is the recording predicate under W.S. 34-1-118. Wyoming does not require any witnesses to sign a deed.

4. 4

   There is no transfer tax, but you file a sworn statement of consideration. Wyoming imposes no transfer, excise, or documentary tax. At recording, though, W.S. 34-1-142 requires the grantee to file a statement under oath disclosing the parties, the legal description, and the actual amount paid for the property.

5. 5

   Wyoming has a statutory quitclaim form. W.S. 34-2-104 sets out a short-form quitclaim deed whose words are conveys and quitclaims all interest. Because it uses quitclaim language rather than the covenants of the statutory warranty deed at W.S. 34-2-102, no warranty of title attaches.

6. 6

   A married owner's homestead needs the spouse to join. Under W.S. 34-2-121 a conveyance of a homestead by a married owner is not fully effective unless the owner's spouse also signs and acknowledges it AND the deed contains language releasing and waiving the homestead-exemption rights. A conveyance directly from husband to wife is excepted.

7. 7

   Common uses are lower-risk transfers. Wyoming quitclaim deeds are typically used to add or remove a spouse after a marriage or divorce, to move a home into a living trust, or to clear up a possible claim on a title, not for an arm's length sale where the buyer wants title protection.

Wyoming Requirements for Quitclaim Deed

• Acknowledge the Deed Before a Notarial Officer

  To record a Wyoming quitclaim deed the grantor must acknowledge it before a notarial officer, such as a notary public (W.S. 34-1-113). That certificate of acknowledgment is what entitles the deed to be recorded by the county clerk under W.S. 34-1-118.

• No Witnesses Are Required

  Wyoming does not require witnesses to sign a deed. W.S. 34-1-113 and W.S. 34-1-118 condition recording solely on the grantor's acknowledgment before a notarial officer, and Title 34 contains no subscribing-witness requirement for a deed.

• Record With the County Clerk

  Record the signed, acknowledged deed with the county clerk in the county where the land lies (W.S. 34-1-118). Recording protects the grantee against a later good-faith purchaser under Wyoming's race-notice priority rule (W.S. 34-1-120).

• No Transfer Tax in Wyoming

  Wyoming imposes no transfer, excise, or documentary tax on a deed. Recording a quitclaim deed costs only the county clerk's recording fee, so a grantee does not owe any state or county tax on the value transferred.

• File the Sworn Statement of Consideration

  When the deed is presented for recording, W.S. 34-1-142(a) requires the grantee or the grantee's agent to file a statement under oath disclosing the grantor and grantee, their addresses, the date of transfer, a legal description, and the actual full amount paid for the property. This is a disclosure filing, not a tax.

• Use the Statutory Quitclaim Form

  Wyoming codifies a short-form quitclaim deed at W.S. 34-2-104, whose operative words are conveys and quitclaims all interest in the described real estate. Because it uses quitclaim language rather than the covenants of the statutory warranty deed at W.S. 34-2-102, the deed carries no warranty of title.

• Homestead Requires Spousal Joinder and Release Language

  If the property is a married owner's homestead, W.S. 34-2-121 requires both the owner and the owner's spouse to sign and acknowledge the deed, and the deed must contain in substance the words 'Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of this state'. A conveyance directly from husband to wife is excepted.

• Furnish the Grantee's Address to Record

  The county clerk will not record any deed until the grantee's mailing address is furnished (W.S. 34-1-119(a)). Only originally signed documents, electronic documents recorded under Wyoming's Uniform Real Property Electronic Recording Act (W.S. 34-1-401 through 34-1-407), or properly certified copies may be recorded.