Free Maryland Quitclaim Deed Form

Your Guide to the Quitclaim Deed in Maryland

No one in their right mind would give up their interests in real property without having a proper record of the same, right? The reason for this is that even when transferring/ gifting title deeds to our siblings or children, we want to ensure that this transaction is recorded well. You don’t want someone else to sell your property the record it leaving your spouse or kids out in the cold, and you certainly want to keep a historical record of every transaction. Fortunately for us, the law has a simple plan for us – the quitclaim deed.

The quitclaim deed, quitclaim, quitclaim deed form, or a non-warranty deed is the legal instrument used to transfer interests in real property from one person to another. It simplifies the conveyance of rights to property between family and trusts legally while recognizing the person giving up their property rights as the grantor and the recipient of the right as the grantee. This document is not, however, called a quick claim deed, despite the use of this reference by some people.

Unfortunately, the quitclaim deed in Maryland comes with one caveat: like every other quitclaim in the country, the document does not provide any warranties on the title, which is why the deed is also called a non-warranty deed. In short, this condition means that the executed quitclaim does not guarantee the grantee that the grantor is the actual legal owner of the property, and the deed only transfers the rights held by the grantor at the time the deed is signed. So, if it later turns out that the deed had defects, the grantee will have no legal recourse against the grantor.

Legal requirements for a valid quitclaim in Maryland

If using the quitclaim to transfer your rights to property to a grantee, you should first download a free deed form, the free Maryland quitclaim deed form. This form serves as a template to guide you in the preparation of the deed. Ensure that you download the printable PDF version of the quitclaim.

  • Note that even though the state of Maryland doesn’t have specific statutes on the use of quitclaims, it permits the use of the deed. All you need to do is to stick to the set regulations.

    • To be lawful, the deed must identify the full legal names, the mailing addresses and the marital statuses of both the grantor and the grantee.

    • The deed should also have details about how the grantee wishes to hold the property title – the vesting interests. This is an important consideration, especially in residential property. When dealing with the conveyance of rights to residential property, the state permits three methods for holding the title – joint tenancy, tenancy in common, and tenancy by entirety. For title transfers that grant ownership rights to the at least two unmarried individuals, the presumption is to hold the title under a tenancy of common, unless stated otherwise. For married couples, the title is automatically held as tenancy by entirety.

    • The deed must also give details about the source of the grantor’s title by providing details of previous titles.

    • Also, include a full legal description of the real property

    • The deed’s certificate of preparation is also needed

    • The deed must be signed by both the grantor and the grantee, in the presence of the notary public. Unlike other states, witnesses are not necessary for such conveyances.

Recording the quitclaim

During recordation, the submission of the quitclaim is to be accompanied by the completed intake sheet.

The state might also require an affidavit of residency, and/or form MW 506 NRS for the non-resident sale of the property. Since your local recording office might require more supporting materials, call them and ask about everything they need for the conveyance and recording of the quitclaim.

For most quitclaims, a transfer tax is imposed. Some deeds are, however, exempted and you will find these details in Tax-Prop. Section 13-207(a).

To record the quitclaim deed, the state requires that you have the deed endorsed. The endorsement is in the form of a certificate from the county collector of taxes. The county in question is where the property is assessed.

Note that you are required to record the deed’s execution with the circuit court of the county that the property is located. Doing this is essential as it ensures the issuance of the transfer notice. For property/ land in more than one county, you’ll be required to record the deed with each county.

When to use the quitclaim deed

  • Below are some of the uses of the quitclaim:

    • The transfer of interests in real property from parent to children, between siblings, or transfers between any other family members

    • Clearing clouds on a title – if a title deed has issues that affect the issuance of title insurance, the insurance company might ask you to create a new quitclaim to clear the defect.

    • Changing a name on the title – if you change your name after obtaining a title for a property, you could use the quitclaim to enter your new name.

    • The quitclaim is also effective in the transfer of interests in property to a Living Trust or a Trust

    • A quitclaim is also necessary when adding or removing a spouse from a property’s title.

Note, however, that even though a quitclaim affects the titling of property, it does not affect the responsibilities one holds over the property. So, if you divorce and give your spouse a piece of property, you will remain responsible for the mortgage loan/ debt.

Both of you will remain responsible for your joint debts after the effectuation of the quitclaim.

Are you in Annapolis, Baltimore, Frederick, Rockville, Bethesda or any other city in Maryland, and looking for a quitclaim to help you quit your rights in a residential property? Get our free quitclaim deed form to get started.