Free Idaho Quitclaim Deed Form

How to Prepare a Quitclaim Deed in Idaho

When it comes to the transfer of real property title, you could easily be confused given the different types of deeds you could sign. Every type of real estate or real property deed comes with its benefits and its consequences. This article explores everything you need to know about the most misunderstood of the deeds, the quitclaim deed in Idaho.

And speaking of a misunderstood document, it is quitclaim and not a quick claim deed or a quit claim deed. Its other acceptable legal names are a non-warranty deed, a quitclaim deed form, or simply a quitclaim.

So, now that we have that out of the way. What is a quitclaim deed?

A quitclaim refers to a legal instrument that allows an owner of a property or holder of a title, legally called a grantor, to transfer or give up their rights/ interests to a named property to another party, legally called the grantee. This instrument does not, however, offer any form of guarantees on the ownership of the property. For this reason, the deed is hardly ever used in the sale of a property. So, if you wish to actually sell a property (meaning you claim ownership of the property, its liens, and other encumbrances), you might want to sign a different kind of deed, say a general warranty deed. With the latter, the buyer is protected should the title have issues.

It is, therefore, clear that when using the quitclaim, you are signing an instrument that conveys your interests to a named property to another, without any kind of warranty on the title, and whatever the interest is.

Because of the lack of warranty of title, the quitclaim is commonly used among family members.

If this document sounds like exactly what you need to gift your niece the apartment you don’t want to sign a rental lease to, then let’s get down to business and prepare the deed.

Preparation of a quitclaim

To get started, you might first want to check out the available samples or templates of the document to know what the state expects of you. Next, download the printable PDF version of the Free Idaho quitclaim deed form. Being state-specific, the free deed should have everything you will need to create a legally valid quitclaim.

It should be noted that the state of Idaho doesn’t come with a specific form for the quitclaim, but we’ve prepared the right form for you, based on different statutory requirements which are spread out in the statutes.

  • Some of the statutory requirements you should meet for the validity of the quitclaim deed require that:

    • According to the state’s Code of 2012 under section 55-505, the conveyance of property interests should be in writing

    • The conveyance must have the signature of the grantor or the grantor’s authorized agent.

    • It must have the full legal name and the mailing address of the grantor

    • The deed must also have a specific title which clearly represents the document’s character. The property’s legal description should accompany this. Often, the description carries the survey details of the property’s location, the name of the property according to financial records, and even the size of the property, among others.

    • According to section 55-612 of the codes, the document should be devoid of terms like ‘Grant’ because the document has no warranties on the title.

    • The other requirements of the deed include its execution date. The execution date is the date that the quitclaim is signed.

    • Also, the document must have a description of the conveyed property interests, as well as the interests created from the execution.

    • Code 55-1007 covers what happens when the property under conveyance is a homestead or marital property. If this is the case, then the grantor’s spouse must sign the deed to show that they support the conveyance.

    • Also, the document must be written in English, and if not in English, a certified translation must accompany it.

    • For recordation purposes, the codes in 31-2410 indicate that the document must also carry the name of the person or entity that is placing the request for the recording of the deed. Also for recording purposes, code 31-2413 has a checklist of the items that the recorder must input into the public records’ reception book.

    • Also on the recording of the deed, the paper used must meet the set requirements on page size and margins. The accepted page size is 8”x14” or the legal size page. Alternatively, a standard letter-sized paper could be used – 8”x11.”

    • The document should be recorded in the county that the property in question is located.

    • The state follows the ‘race-notice’ statute of recording deeds. What this means, as per the requirements of code 55-811 is this. That from the time of the conveyance’s acceptance for recording by a county officer in charge of the maintenance of the land records, the public will be immediately served with a constructive notice on the change of ownership.

    • That the deed is only deeded recorded upon its acknowledgment, certification, or after it’s proven. Once this happens, the deed is deposited with the recorder’s office. So, even though code 55-815 accepts unrecorded conveyances between the grantor and grantee, the deed is deemed invalid if it is not recorded. The unrecorded deed will be void against any future bona fide purchasers. So, since the deed has no warranties on the title, you are on the safer side if you record it soon after its execution. Once in the records, the conveyed property rights/ interests are protected.

Now that you know what you need to gift your loved one, transfer the property interest to a trust or your child, here’s how you get started.

Whether you have property in Boise, Nampa, Meridian, Twin Falls, Idaho Falls, Pocatello, Eagle or any other city in Idaho, download our free quitclaim form here now.