Free Maine Quitclaim Deed Form

Legal Requirements for a Valid Quitclaim Deed in Maine

Unlike warranty deeds, the quitclaim deed in Maine does not offer any warranties regarding the actual legal ownership of the property or the absence of defects on the title deed. This document will only say that the real property’s rights have been transferred from the transferor to the transferee.

In case you are wondering, the quitclaim deed, also called a quitclaim deed form, a non-warranty deed, or a quitclaim refers to the legally binding instrument that conveys an individual’s interests in real property to someone else. The person who transfers the ownership rights of the property (the rights they have at the time of signing the deed) is the grantor while the person who receives the interests is the grantee. Because of the efficiency of the instrument, it is common between family members, and it is mistakenly referred to as a quick claim deed or a quit claim deeds – two names you should avoid at all costs.

Warranty of title

The warranty of title is the thing that sets apart non-warranty deeds from the warranty deeds. A warranty of title refers to the legal guarantee given to the grantee by the grantor. This document notes the real property’s title deed is without title issues.

Since this warranty is missing from the quitclaim, the title might have issues like errors in the public records, unknown liens against the real property, unprobated wills, missing heirs, forged deeds, boundary disputes, and undisclosed prior conveyances, among other issues.

Note that the warranty deed, on the other hand, proclaims the grantor as the rightful owner of the property’s interests, it shows that no outstanding claims on property exist and that no one else can claim interests in the property.

  • Common recorded uses of the quitclaim

    • Transfer of real property between family members. This transfer could be between siblings, parents and their children, or between any other close relatives.

    • The addition or the removal of a spouse from the title. In marriage or during a divorce, the quitclaim could be used by the spouse or ex-spouse owning property. To add a name to the deed, the owner would have to quit his claim and to remove a spouse, the other party’s interests are quitted from the deed.

    • Removing clouds from a title. This is common when looking for title insurance. The insurance company will, if they find any clouds on the title, ask you to use the quitclaim to clear a defect on the title.

    • Transfer of legal ownership rights in the property to a corporation or an LLC

    • Transfer of interests in property into a Living Trust or a trust. The document cannot, however, be used to facilitate the transfer of property rights from a trust.

    • Recording name changes on a title, by the owner.

Requirements for Validity of the quitclaim

You will find several templates of the deed. These give you a general idea of what the document should look like. But to prepare your deed and to transfer your rights in real property, you might want to first download the printable PDF version of the free Maine quitclaim deed form. The form has an outline of every detail required to complete the document.

  • The statutes govern the set of requirements for quitclaims in Maine under 33 MRS 161. They include:

    • The deed used to convey the property rights must be in writing

    • The grantor or their representative must sign the deed

    • The details of any previous references to the property – the page, book, or document detailing the title transfer to the grantor must be noted.

    • The deed must also have the full legal description of the real property in meters, bounds, or any other specific references to previously recorded survey plans for the land.

    • There should also be a clear statement covering any exceptions, negations of warranty, or reservations on the property.

    • The statutes further note that the deed must have the full legal names and the mailing addresses of the grantor(s) and the grantee(s).

    • The deed must also have an accurate title, in this case, a quitclaim without a covenant

    • There should be an appropriate use of the conveyance language

    • The deed should also release the rights of recitation from the spouse of the grantor if any

    • The document must include its execution date, or rather the date that the grantor and the grantee sign the quitclaim. The signatures must have the stamped or signed acknowledgment of the notary public. And right beneath each signature should be the parties’ printed/ typed names.

Recording a quitclaim

As provided for in code section 33 M.R.S. 201, every quitclaim must be recorded for the preservation of the property’s chain of title, and for the public to know about the property’s change of ownership.

For recordation, the state of Maine follows the “Notice” recording statute. Under this statute, the state notes that the recorded real property/ real estate documents always take precedence over any/ all unrecorded deeds.

The statutes also note that all quitclaims should be presented for recordation in the county that the property being conveyed is located. It is, therefore, important to ensure that you record the deed as soon as possible – without a record in the county public offices, grantors have been known to re-convey the rights to property to bona fide purchasers leaving the grantees with unrecorded deeds out of luck and without legal recourse.

If you are interested in conveying your interests in residential rental property in Portland, Bangor, Lewiston, Augusta, South Portland, Waterville, Jackson or any other city in Maine, download our free quitclaim deed form here to get started.