Create a Delaware Quit Claim Deed with our customizable template!
A Delaware quitclaim deed is a legal document used to transfer ownership interest to a buyer from the current owner. In contrast to a warranty deed, a quitclaim deed provides no guarantee that the property is being sold with a free and clear title, but rather prevents the seller from coming back later and claiming interest on the property. This type of property transfer is generally used for property transfers between family members or in cases of divorce; however, the buyer should always conduct a title search of land records to ensure that there are no major encumbrances on the property.
Delaware quitclaim deed laws are codified at Title 25, Chapter 1 of the Delaware Code (§ 121).
Delaware laws dictate that specific language is used when creating the quitclaim deed. The statues say that words like “grant” or “convey” may not be used in a quitclaim deed, as they insinuate that a warranty is being provided on the property title. Instead, a quitclaim can only use the word “quitclaim” when describing the transfer of ownership. The signing of a quitclaim deed must occur in the presence of a Notary Public or judge (§122). Once the document has been signed and notarized, it must be recorded in either Kent, New Castle, or Sussex County.
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To write a Delaware quit claim deed form, you will need to provide the following information:
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Once the quitclaim deed has been signed and notarized, it must be filed with the Delaware County Recorder of Deeds where the real property is located. Each county has its own filing requirements. You should confirm the requirements of your county recorder's office before filing.
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