What is a Quitclaim Deed in Connecticut?
In Connecticut, a quitclaim deed is used to transfer property from an owner (“Grantor”) to a new owner (“Grantee”) without any promises or guarantees about the property’s title or condition.
Most quitclaim deeds in Connecticut contain a “quitclaim covenant” through which the Grantee is guaranteed that the Grantor, their heirs, executors, and administrators, will not make any future claims to the title of the property.
Quitclaim deeds are a quick way to transfer property but they offer the lowest security among real estate deeds in Connecticut.
What is the Difference Between a Quitclaim Deed and a Warranty Deed in Connecticut?
The main difference between quitclaim deeds and warranty deeds in Connecticut is that a quitclaim deed provides less security to the Grantee.
A warranty deed provides legal protection to the new owner because it confirms that the Grantor owns the property and has the right to make a transfer.
Warranty deeds are mostly used for real estate transactions in Connecticut. Quitclaim deeds, on the other hand, are used for transfers between family and friends.
How Do Quitclaim Deeds Work in Connecticut?
Laws surrounding quitclaim deeds are found in Title 47 of the Connecticut General Statutes, titled Land and Land Titles.
In Connecticut, a quitclaim deed has specific language, transferring the title from the Grantor to the Grantee, including the quitclaim covenant.
Once prepared, the quitclaim deed must be filed at the Town Clerk’s Office in the town where the property is located.
Can You Prepare Your Own Quitclaim Deed in Connecticut?
You can prepare your own quitclaim deed in Connecticut. A professional drafter is not legally required.
Connecticut Quitclaim Deed Requirements
For a quitclaim to be legally valid in Connecticut, the deed must follow certain state-specific rules.
Formatting Requirements
Formatting requirements for quitclaim deeds in Connecticut include:
- Paper size: maximum legal (8.5 x 14).
- Text must be legible and photocopiable; typed or printed only.
- Margins: top margin on first page is reserved for return information; all remaining pages should have a minimum 0.75-inch margin on all sides.
Content Requirements
Content requirements for quitclaim deeds in Connecticut include:
- Grantor’s name and address.
- Grantee’s name and address.
- Return name and address
- The title as “Quitclaim Deed.”
- Date of transfer.
- Property address.
- Property description.
- Consideration clause – the value of the property or the amount of money exchanged.
- Granting clause – a statement describing the transfer the parties have agreed to.
Who Signs a Quitclaim Deed in Connecticut?
For a quitclaim deed to be legally valid in Connecticut, it must be signed by the Grantor.
The Grantor’s signature must be acknowledged by two witnesses, one of whom should be a notary public or an authorized official.
How to File a Quitclaim Deed in Connecticut
Here’s how to file a quitclaim deed in Connecticut:
- Prepare the quitclaim deed with the information required.
- Payment of taxes and fees.
- Most town clerk’s offices in Connecticut require the tax amount to be paid before processing the deed.
- If the transfer qualifies for taxation, ensure the correct amount is prepared and provided to the clerk when submitting for recording.
- If the transfer is based on a real estate transaction, the following forms may be required:
- Fair Housing Notice.
For properties with two or more units, the Grantor must have the Grantee sign a disclosure with information on housing discrimination and fair housing laws provided by the CT Commission on Human Rights and Opportunity. - Property Condition Disclosure Report.
The Grantor must complete a statement disclosing any defects in the property being transferred.
- Fair Housing Notice.
- Ensure that the Grantor’s signature is acknowledged before a witness and a notary public.
- Once prepared, the quitclaim deed must be filed at the Town Clerk’s Office in the jurisdiction in which the property is located.
How Much Does it Cost to File a Quitclaim Deed in Connecticut?
In Connecticut, the minimum charge for filing a quitclaim deed is $60. The breakdown of the fees is as follows:
- Fee for recording documents conforming to a statutory form:
- First page is $10
- Each additional page is $5
- Additional fees for filing land records of the municipality:
- Preservation and management of historic documents fee: $10
- Local capital improvement project fee: $40
What Taxes Are Owed on Quitclaim Deeds in Connecticut?
In Connecticut, the transfer of property using a quitclaim deed triggers the following taxes both at the state and local level:
- Real Estate Conveyance Tax.
This tax is assessed at both the state and municipal levels. The tax amount is determined based on either the property’s value at the time of transfer or the sale price paid.
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- State Conveyance Tax:
- The tax rate is 0.75% on transfers between $2,000 to $800,000.
- The tax rate is 1.25% on transfers over $800,000.
- The tax rate is 2.25% on transfers over $2.5 million.
- Local Conveyance Tax:
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- The tax rate is 0.25% on transfers valued at least $2,000.
- The tax rate is 0.50% for the following 18 towns:
Bloomfield, Bridgeport, Bristol, East Hartford, Groton, Hamden, Hartford, Meriden, Middletown, New Britain, New Haven, New London, Norwalk, Norwich, Southington, Stamford, Waterbury, and Windham.
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- Many transfers that are generally filed under quitclaim deeds are exempt from Conveyance Tax, including:
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- Deeds with no consideration and up to $2,000.
- Deeds between spouses.
- Transfers without change in beneficial ownership.
- Deeds for property partition.
- Court-ordered transfers, including an annulment or dissolved marriage.
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- State Conveyance Tax:
2. Controlling Interest Transfer Tax.
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- This tax applies to property transfers that involve changing ownership interests in the property.
- The tax rate is 1.11% of the property’s “present true and actual value”.
- It applies toward real estate transfers worth $2,000 or more.
How Long Does a Quitclaim Deed Take to be Recorded in Connecticut?
The time it takes to record a quitclaim deed in Connecticut can vary significantly depending on the town. Most Clerk’s Offices make an electronic copy available on the next business day. However, if a paper copy is requested, it may take anywhere from a few days to a few weeks.
What Happens After a Quitclaim Deed is Recorded in Connecticut?
Once the quitclaim deed is submitted for recording, the Town Clerk’s Office assigns a volume and page number to the document. It is then indexed before being added to a master list of Grantor/Grantee records.
Finally, a paper copy of the quitclaim deed is placed in a hard-cover book in the town’s vault for public access, and it is also made available online.
How Long Are Quitclaim Deeds Valid For in Connecticut?
There is no expiration for quitclaim deeds in Connecticut. However, the statute of limitations for a breach of a written contract is 6 years.
Sources
- 1 G.S.C 821a § Sec. 47-36f
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A deed entitled “Quitclaim Deed”, when duly executed, has the force and effect of a conveyance to the releasee of all the releasor’s right, title and interest in and to the property described therein except as otherwise limited therein, but without any covenants of title. A “Quitclaim Deed” may be used as a release of a mortgage, attachment, judgment lien or any other interest in real property.
- 2 G.S.C 821a § Sec. 47-36g
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Force and effect of words “with quitclaim covenants”. In any conveyance of real property the words “with quitclaim covenants” have the full force, meaning and effect of the following words: “The releasor, for himself and for his heirs and assigns, executors and administrators, covenants with the releasee and his heirs and assigns..
- 3 G.S.C 821a § Sec. 47-36d
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A deed following the form entitled “Warranty Deed”, when duly executed, has the force and effect of conveying title in fee simple to the grantee… (1) that at the time of delivery of the deed he is lawfully seized in fee simple of the granted premises, (2) that the granted premises are free from all encumbrances except as therein set forth, (3) that he has good right, full power and lawful authority to sell and convey the same..
- 4 G.S.C 92 § Sec. 7-23
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Town clerks shall keep the records of their respective towns and truly enter therein, either by transcribing .. all votes of the town and give true copies of the same and of all deeds and other instruments by them re corded; and all attested copies of deeds..
- 5 G.S.C 92 § Sec. 7-34(a)
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(a)(1) Town clerks shall receive, for recording any document… a page being not more than eight and one-half by fourteen inches..
- 6 G.S.C 92 § Sec. 7-24(a)
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Each instrument for record shall have a blank margin, that shall be not less than three-fourths of an inch in width, surrounding each page of the instrument. Each such instrument that is to be recorded in the land records shall have a return address and addressee appearing at the top of the front side of the first page of the instrument.
- 7 Acknowledgement
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(a) All conveyances of land shall be: (2) if the grantor is (A) a natural person, subscribed, with or without a seal, by the grantor with his own hand or with his mark with his name annexed to it… (i) executed, acknowledged and witnessed in the manner provided for conveyances, or (ii) executed, acknowledged and witnessed in the same manner provided for in section 1-350d..
A power of attorney must be dated and signed … and witnessed by two witnesses. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public, a commissioner of the Superior Court or other individual authorized by law to take acknowledgments.
- 8 G.S.C 392 § Sec.20-327 h
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(a) of this section, each person who offers a residential property containing two or more units in the state for sale, exchange or for lease with option to buy shall attach a photocopy.. or other exact reproduction or duplicate of such disclosure form, signed by the prospective purchaser, to any purchase agreement, option or lease containing a purchase option, at the time of closing.
- 9 G.S.C 392 § Sec. 20-327b
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(a) Except as otherwise provided in this section, each person who offers residential property in the state for sale, exchange or for lease with option to buy, shall provide a written residential condition report or reports to the prospective purchaser at any time prior to the prospective purchaser’s execution of any binder..
- 10 Fees
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Fees. Town clerks shall receive, for recording documents conforming to… which are clearly entitled “statutory form” in the heading of such documents, as follows: For the first page of a warranty deed, a quitclaim deed, a mortgage deed, or an assignment of mortgage, ten dollars; for each additional page of such documents, five dollars;
In addition to the fees for recording a document under subsection (a) of this section, town clerks shall receive a fee of ten dollars for each document recorded in the land records of the municipality.. to the State Librarian for deposit in a bank account of the State Treasurer and crediting to the historic documents preservation account..
(III) G.S.C 92 § Sec. 7-34(e)
In addition to the fees for recording a document under subsection (a) of this section, town clerks shall receive a fee of forty dollars for each document recorded in the land records of the municipality.. and be used to pay for local capital improvement projects..
- 11 G.S.C 223 §. 12-494
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(a) There is imposed a tax on each deed, instrument or writing, whereby any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in.. when the consideration for the interest or property conveyed equals or exceeds two thousand dollars (1) Subject to the provisions of subsection
(b) of this section, at the rate of three-quarters of one percent of the consideration for the interest in real property conveyed by such deed, instrument or writing..
(2) At the rate of one-fourth of one percent of the consideration for the interest in real property conveyed by such deed, instrument or writing, provided the amount imposed under this subdivision shall become part of the general revenue of the municipality in accordance with section 12-499..
- 12 G.S.C 223 § Sec. 12-498
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Exempt transactions. (a) The tax imposed by section 12-494 shall not apply to.. Deeds of partition.. Deeds between spouses.. Transfers or conveyances to effectuate a mere change of identity or form of ownership or organization, where there is no change in beneficial ownership..
- 13 G.S.C 228b § Sec. 12-638b
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(a)(1) There is hereby imposed a tax on the sale or transfer of a controlling interest…in real property in this state when the present true and actual value of the interest in real property equals or exceeds two thousand dollars, payable by the person selling or transferring such controlling interest, at the rate of one and eleven one-hundredths of one per cent of the present true and actual value of the interest in real property..
- 14 G.S.C 926 § Sec. 52-576
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Actions for account or on simple or implied contracts. (a) No action for an account, or on any simple or implied contract, or on any contract in writing, shall be brought but within six years after the right of action accrues, except as provided in subsection…