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A quitclaim deed in the state of South Carolina is a legal document that allows a person to convey real estate to another party. For example, a property owner can convey his or her ownership interest to the person purchasing their home with no warranty or guarantee that the title of the home is clear.
Generally, this type of transfer is used to transfer property between family members, such as when a married couple wishes to transfer property being held as joint tenants to one spouse as separate property held by one spouse only, or in a divorce settlement. Regardless of the situation, or the relationship between the buyer and seller, it is highly recommended that the buyer complete a thorough title search on the property before completing the transaction to ensure that there are no encumbrances.
If you instead want to transfer property in a way that protects a new owner, you should use another type of deed, such as a general warranty deed or special warranty deed. If you are unsure about what type of property deed to use, you should seek legal advice.
South Carolina quitclaim deed laws are codified at South Carolina Code of Laws § 27-7-20.
South Carolina requires (§ 30-5-30) that all quitclaim deeds be signed by the Grantor (the seller of the property), two (2) witnesses, and for the document to be notarized by a Notary Public who witnesses the Grantor and Witnesses signing the document. South Carolina allows the Notary Public to act as one of these witnesses. Once the document is signed, witnessed, and notarized, it must be filed with the Register of Deeds in the county where it is located.
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To write a South Carolina quitclaim deed form, you will need to provide the following information:
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Once the quitclaim deed has been completed, signed, and notarized, it should be recorded with the South Carolina Registrar of Deeds in the county where the property is located.
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