Free Minnesota Quitclaim Deed Form

What Makes a Complete Quitclaim Deed in Minnesota?

Would you like to relinquish your interests in a real property then convey those rights to your children, spouse, sibling, trust, LLC, or a corporation? Find and use a legally binding instrument. In this case, a quitclaim deed.

A quitclaim deed, also called a quitclaim deed form, a quitclaim, or a non-warranty deed refers to a legally binding instrument that conveys interests in real property from an owner to a recipient. The transferor of the rights is the grantor while the recipient is the grantee. This deed eases property transfers particularly between family members, and it is mistakenly called a quick claim deed. This article is your guide to everything you need to know about the quitclaim.

Difference between the quitclaim and other deeds

The main difference between the quitclaim and other types of deeds lies in the fact that the quitclaim does not offer any warranties for the title being transferred. It, therefore means that the document only conveys the rights held by the grantor at the time of the conveyance. The deed does not guarantee you that the grantor is the actual legal owner of the property, which means that your quitclaim could turn up faulty/ defective in future, and you, the grantee, will have no legal recourse against the grantor.

The lack of warranty when it comes to the quitclaim deed is the reason why you should be aware of potential title defects. The defects or title issues include errors in the public records, unknown/ undisclosed future conveyances, boundary/ survey disputes, unprobated wills, deed’s forgery, missing heirs, or unknown encumbrances.

With these potential issues in mind, the use of the quitclaim is common among family members and generally people you can trust.

  • What to use the quitclaim deed for?

    • Clearing clouds from the title – the title issues mentioned above are called clouds. These issues affect title insurance which means that if you are interested in taking title insurance, you will need to use a quitclaim to clear these defects. Note that the title defects are known after running a title search.

    • Transferring your rights in the property to a loved one. The transfer could be to your sibling, children, or any other close relative.

    • Removing or adding a spouse from or to a title – in most cases, an individual will name their spouse an owner of all or part of their interests in real property, and during/ after the divorce, they might decide to remove the named spouse from the title. In either case, they will need a quitclaim to effectuate the changes in the title. Not, however, that if the named property were obtained through a mortgage, the change of title details effectuated by the quitclaim would not change the debt details. So, even when you are no longer named as the owner of the property, you will be responsible for the debt.

    • Transferring your legal ownership rights in real property to a corporation or an LLC.

    • Transferring your ownership rights to a trust or a living trust. It should be noted, however, that you cannot use the deed to effect the conveyance of rights to property from a trust – a trust deed is needed to transfer property rights from a trust.

    • The quitclaim could also be used to effect change in name. If you are a property owner and you change your legal name after acquiring the property, you could use the quitclaim to ensure that your deed has the right name.

Legal Requirements for a complete quitclaim

  • For the successful execution of your quitclaim deed in Minnesota, you need to download a printable PDF version of the free Minnesota quitclaim deed form. But before you get started, you should know that the state recognizes the quitclaim deed as the document through which a grantor conveys their rights to property to the grantee. In this case, the document must meet the following requirements:

    • The deed must have the full legal names of the grantor and the grantee, as well as the details of their marital status

    • It must also have the full legal description of the real property under conveyance

    • The deed must bear the signatures of the grantor and the grantee, and if present, the authorized representatives for both parties must sign the deed. The grantor’s spouse is also expected to sign the deed.

    • The details of the state quitclaim tax should also be listed, and the amount cited on the face of the deed will represent the amount that is levied, based on the amount of consideration paid for the property transfer. The transfer tax’s payment is a prerequisite for recording the quitclaim.

    • The state also requires that the electronic certification of the value of the real estate is provided. You also need to give a disclosure statement showing all the sales related to real property.

    • The language used in the deed should convey the grantor’s wish to convey and quit their interests in the real property.

    • Also required in the deed is the Well Disclosure Certificate where the grantor needs to indicate whether or not they are aware of any wells present on the property.

For recording, you need to make sure that the contents of the quitclaim meet the recording standards outlines in section 507.093 before you submit the deed to the recorder’s/ registrar’s/ or the Torrens land office. This is because all duly filled forms are to be submitted for registration by the County Recorder’s Office.

So, are you ready to prepare a quitclaim to convey your rights to that residential property in St. Cloud, Minneapolis, Duluth, Saint Paul, Bloomington, Mankato or any other city in Minnesota? Download our free quitclaim deed form here to get started today.