A North Carolina quitclaim deed is a real estate transfer instrument that conveys whatever interest the grantor has in a property — without any warranties about that interest. Quitclaim deeds are appropriate for trust-based transfers: between family members, between spouses (during marriage or divorce), into and out of trusts and LLCs, and for clearing title defects. They are NOT appropriate for arm’s-length sales to unrelated buyers, where a warranty deed (general or special) should be used instead.
This page provides a free North Carolina quitclaim deed template in PDF and Microsoft Word format. The template includes the legal-description format, notary acknowledgment, and recording instructions required for North Carolina county recording. North Carolina-specific recording requirements: Register of Deeds; Excise Tax ($1/$500).
What Is a Quitclaim Deed?
A quitclaim deed (sometimes “quit claim deed”) is the simplest form of real estate conveyance. The grantor — the person transferring — releases whatever right, title, or interest they have in the property to the grantee. Critically, the grantor makes NO PROMISES that:
- They actually own the property;
- They have the right to convey it;
- The title is clear of liens or encumbrances;
- The grantee will have quiet enjoyment;
- The grantor will defend the title against future claims.
The grantee receives only what the grantor actually has, defects and all. If the grantor doesn’t actually own the property, the grantee gets nothing — no recourse against the grantor for breach of warranty (because no warranty was made).
When to Use a Quitclaim Deed in North Carolina
- Family transfers. Parents transferring property to adult children, siblings dividing inherited property, gifts within family.
- Adding or removing a spouse from title. Common after marriage (adding spouse) or divorce (removing spouse per settlement).
- Trust and LLC transfers. Moving property into a revocable trust, family LLC, or other entity for estate planning.
- Clearing title defects. A person with a potential cloud on title (e.g., an ex-spouse not properly removed years ago) quitclaims any remaining interest to clean up title.
- Releasing easements or restrictions. Holder of an easement or restriction releases it via quitclaim.
- Quiet title actions. As part of judgment in quiet title litigation.
NOT appropriate for: Arm’s-length sales to unrelated buyers. Use a Warranty Deed (general or special) instead, supported by title insurance.
Required Elements of a Valid North Carolina Quitclaim Deed
- Grantor name and address. Full legal name(s) of the transferring party.
- Grantee name and address. Full legal name(s) of the receiving party.
- Consideration. Even nominal consideration ($1 and other valuable consideration) must be stated.
- Operative words. “Remise, release, and quitclaim” (the magic words that distinguish a quitclaim from a warranty).
- Property description. Street address PLUS full legal description (lot/block/subdivision or metes-and-bounds) and tax parcel number.
- Habendum. “To have and to hold…” traditional concluding language.
- Grantor signature(s). All record owners must sign. Spouse may need to sign even if not on title in some states.
- Notary acknowledgment. Notary must witness the grantor’s signature.
- Recording cover sheet. North Carolina counties typically require specific cover-sheet information including return-to address.
Recording Requirements in North Carolina
To make the transfer effective against third parties — and to update the public record so the grantee is the new record owner — the deed must be recorded with the appropriate North Carolina county office:
Register of Deeds; Excise Tax ($1/$500).
Recording fees vary by county. Many counties require specific formatting (page size, margins, font) for the recorder to accept the document. Verify current requirements with the specific county recorder office before submitting.
Common Mistakes
- Using a quitclaim for an arm’s-length sale. The grantee receives no warranty — if title turns out to be defective, the grantee has no recourse against the grantor.
- Incomplete legal description. “123 Main St” is not enough. The deed requires the full legal description (lot/block/subdivision or metes-and-bounds).
- Missing spouse signature. Even if not on the title, a spouse may have homestead, dower, or community property rights that require their signature on the deed.
- Not recording. An unrecorded deed is valid between the parties but loses priority to subsequent recorded interests. Always record promptly.
- Wrong notary jurisdiction. Notary must be commissioned in the state where the signing occurs.
- No consideration stated. Even $1 is fine, but some counties require explicit consideration language for transfer tax assessment.
Frequently Asked Questions
What is a quitclaim deed?
A quitclaim deed transfers whatever interest the grantor has in a property (if any) to the grantee, WITHOUT WARRANTIES. The grantor makes no promises about whether they actually own the property, whether title is clear, or whether there are liens. The grantee receives only what the grantor had, defects and all.
When should I use a quitclaim deed?
Common appropriate uses: (a) transferring property between family members (parents to children, ex-spouses post-divorce); (b) adding/removing spouse from title; (c) clearing title defects (e.g., releasing a cloud on title); (d) transferring property to a trust or LLC. Not appropriate for arm’s-length sales.
Does a North Carolina quitclaim deed need to be recorded?
Yes. To be effective against third parties, the deed must be recorded with the appropriate North Carolina county office (Register of Deeds; Excise Tax ($1/$500)). An unrecorded deed is valid between the grantor and grantee but loses priority to subsequent recorded interests.
Does a quitclaim deed need to be notarized?
Yes, in North Carolina and virtually every state. The grantor’s signature must be acknowledged before a notary public for the deed to be recorded.
Can a quitclaim deed be used in a divorce?
Yes — very commonly. After divorce, one spouse may quitclaim their interest to the other as part of the property settlement. This is faster and cheaper than a warranty deed because no title warranties are exchanged.
What’s the difference between a quitclaim and a warranty deed?
A warranty deed includes covenants of title (the grantor warrants they own the property and will defend the title). A quitclaim deed has no such warranties. Quitclaim is appropriate for trust-based transfers (family, divorce). Warranty deed is appropriate for sales to unrelated parties.
How much does it cost to record a quitclaim deed in North Carolina?
Recording fees vary by county. Register of Deeds; Excise Tax ($1/$500). Many counties charge $15-50 for the first page plus a few dollars per additional page. Transfer tax may also apply depending on consideration and exemptions.
Should I get title insurance after receiving a quitclaim deed?
If you’re paying significant consideration for the transfer, yes — get a title search and title insurance independently. The quitclaim provides no title warranty, so you bear all the risk. For nominal-consideration transfers between family, title insurance is usually unnecessary.
Download the Free North Carolina Quitclaim Deed
A quitclaim deed transfers only the grantor’s interest (if any) without warranty. For trust-based transfers within family or for clearing title issues, it is the appropriate instrument. For arm’s-length sales involving meaningful consideration, use a Warranty Deed instead and obtain title insurance. Have a North Carolina-licensed real estate attorney review for transfers of significant value or where title is in question.
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