Free Kentucky Quitclaim Deed Form

Everything You Need to Know About the Quitclaim Deed in Kentucky

Did you know that before signing of deeds to signify the transfer of title from one party to another the person transferring property (often land) would take a clod of turf or twig then pass it to the person taking up ownership of the property? And that all this took place in a ceremony called the “Livery of Seisin” which was accompanied by a written and/or a written contract? Well, we thought you should know. While the human race has gone through a great deal of liberation and sophistication, things like the transfer of land and property have always been taken seriously. Today, the ceremonial act is replaced by deeds, one of which is the quitclaim deed.

The deed only became a common thing in the US in the mid-1800s and is now the most common document used to transfer rights in property between parties.

The quitclaim deed refers to the legal instrument that conveys the transfer of an individual’s interests or rights to real property to another. The person or party transferring their interests is the grantor while the party that receives rights to the real property is the grantee.

This document is mistakenly referred to as the quick claim deed or the quit claim deed. However, you could also refer to this document as simply a quitclaim, a quitclaim deed form, or a non-warranty deed.

Why is the quitclaim also called a non-warranty deed?

The reason for this is that while conveying property rights to a grantee or grantees, this document only conveys the interests that the grantor actually has at the time, and it doesn’t offer any other guarantees, including the guarantee that the grantor is the property’s actual legal owner or that the property they convey is without liens or past encumbrances. It is a non-warranty deed because it conveys a property “as-is.”

And without the warranties to the title, it means that once it is signed (executed), the grantee has no or very little legal recourse against the grantor. Should a problem specific to the issued title arise in future, the grantee might lose the rights to the property.

So, unless you know the grantor or are receiving the property as a gift from the grantor, you should consider signing a warranty deed instead.

  • Common Uses of the quitclaim deed in Kentucky

    • Real property transfers between members of a family – this is common practice between members of a family where property transfers take place to or from one person to another. The transfer could be between a parent and their children, between close relatives, or between siblings.

    • Removal or addition of a spouse to a title deed – for divorcing or married couples, the deed could be used when the owner of the property wishes to remove their spouse from a title or to quit a deed and add their spouse to the property deed.

    • Title owner name change – since your name could change in the course of your life and the ownership of a property, you can use the quitclaim to effectuate the name change.

    • Removal of title clouds for title insurance – if you are in the process of insuring your property’s title the title company finds a cloud/ defect on the title, the company will ask the person in question to quit their interest in the property before they issue title insurance. The common cloud here is details of someone who causes the break in chain title or if the name of someone with or without an interest in the property isn’t accounted for.

    • The deed could also be used to transfer property ownership into a trust or

    • To transfer legal property ownership to a corporation or an LLC.

Requirements for the validity of a quitclaim

  • Even though the provisions for the quitclaim deed in Kentucky are not provided for in Chapter 382 of the statutes, the state accepts the use of quitclaims for the transfer of rights, interests, and title from a grantor to a grantee. For this, you have to meet some requirements but first, download your copy of the free Kentucky quitclaim deed form. The form is a printable PDF which also serves a template. Once you have your free form, ensure that it meets the following requirements:

    • It should identify the full legal names and addresses of the grantor and the grantee.

    • It should have the details of how the grantee wishes to hold the property title/ vesting interests

    • If the transfer involves a residential property, the acceptable primary methods of title/ interests transfer in co-ownership include joint tenancies, tenancy in common, or tenancy by entirety. Tenancy in common is created when real estate is granted to at least two persons unless a different specification exists. On the other hand, you have tenancy by entirety which is only available to married couples. These follow the specifications in KRS 381.050(1).

    • The deed should also have the full legal description of the property on conveyance, as well as the previous recording of the document’s transfer to the grantor.

    • If consideration is paid for the transfer, the full amount must be highlighted. And if there is no consideration or nominal paid, the fair cash value of the property should be noted. The county is expected to assess the transfer tax based on the value of the consideration. This information is required at the time of the deed’s recording, except for exempt transactions.

    • At the end of the deed, there should be a statement of the preparer of the instrument, along with their full legal name, mailing address, and their signature.

    • Also expected at the end of the instrument is the in-care-of address (Tax address)

Finally, the signatures of the grantor and the grantee should be acknowledged at the notary public.

Recording

For record keeping purposes, you have to present the notarized deed as well as any other requested supplemental documents to the county’s clerk office. By recording the quitclaim, the chain of ownership of the property is maintained, and the public is notified of the change in ownership transfer.

Would you like to prepare a quitclaim to effect the change in the ownership of residential rental property in Louisville, Lexington, Bowling Green, Paducah, Frankfort, Owensboro, or any other city in Kentucky? Download our free quitclaim deed form here to get started.