Make a Montana Quit Claim Deed

Create a Montana Quit Claim Deed with our customizable template!

What Is a Montana Quitclaim Deed?

In the state of Montana, a quitclaim deed is a legal document that allows the transfer of real property from one party to another in an expeditious manner. It's important to note that this type of transfer only transfers the ownership interest and does not come with a guarantee that the title of the property is clear and free of encumbrances.

Suppose the owner of the property instead wants to transfer the real property in a manner that protects the new property owner. In that case, he or she should use another type of deed, such as a warranty deed or special warranty deed. If you are unsure of what type of property deed to use, you should seek legal advice from a licensed attorney.

This form of property transfer is often common in a divorce settlement or in transactions between family members, such as transferring a property held by spouses in joint tenancy to property held by one spouse only. However, it can be used in a variety of transfer situations. Regardless of the closeness in the relationship, as a good business practice, the buyer should conduct a thorough title search on the property he or she is purchasing.

Montana Quitclaim Deed Laws

Signing - According to state law (70-21-203), the Montana quitclaim deed must be witnessed by a Notary Public, with the seller of the property signing in the Notary’s presence.

Recording - Once signed and notarized, the quitclaim deed must be filed with the County Clerk and Recorder’s Office in the county where the property is located.

Additional Documents - Montana requires that a Realty Transfer Certificate be included with the quitclaim deed, as well as the water rights of the property.

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How to Write a Montana Quitclaim Deed

To write a Montana quitclaim deed form, you will need to provide the following information:

  • Name and address of the preparer
  • Name and mailing address of the person to whom the document should be sent after recordation
  • County where the real property is located
  • Amount of money paid for the transfer of property
  • Name and address of grantor
  • Address, tax parcel ID number, and legal description of the property
  • Quitclaim statement
  • Grantor signature
  • Notary public's notarization

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How to File a Montana Quitclaim Deed

To file a Montana quitclaim deed, you should file it with the county clerk or county recorder in the county where the property is located.

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