Delaware Quitclaim Deed Form

What is a Quitclaim Deed in Delaware? 

In Delaware, 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.  Quitclaim deeds are a quick way to transfer property but they offer the lowest security among real estate deeds in Delaware.

The most common use of quitclaim deeds is between parties with high levels of trust, such as family members or close friends.

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What is the Difference Between a Quitclaim Deed and a Warranty Deed in Delaware?

The main difference between quitclaim deeds and warranty deeds in Delaware 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 Delaware. Quitclaim deeds, on the other hand, are used for transfers between family and friends.

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How Do Quitclaim Deeds Work in Delaware?

Laws surrounding quitclaim deeds are found under Title 70 of the Delaware Code, titled Property.

Quitclaim deeds in Delaware must state that the Grantor intends to “release and forever quitclaim ” the property to the Grantee.  The term “grant” and “convey” is not used in a Delaware quitclaim deed as it implies warranty. [1]

In Delaware, real property records are maintained by the recorder in the county where the property is located.

Once prepared, the quitclaim deed must be filed at the recorder’s office in one of the three counties where the property is located: New Castle County, Kent County, or Sussex County. [2]

Can You Prepare Your Own Quitclaim Deed in Delaware?

You can prepare your own quitclaim deed in Delaware. A professional drafter is not legally required. 

The name and address of the individual who drafted the deed, however, must be mentioned under “Prepared by.” [3]

Delaware Quitclaim Deed Requirements

Formatting standards and content requirements in Delaware vary depending on the county where the property is located. 

Newcastle County

Formatting and content requirements in Newcastle County are as follows: [4]

1. Paper size: maximum 8.5x 14(legal).
2. Font: minimum: 12 points.
3. Text: typed or printed only. 
4. Margins: 
   • First page: 2.5 inches at the top left side for recorder; 1 inch at the top right side for additional recording information. 
   • Remaining pages top margin 1-inch.
   • Side and bottom margins: minimum 0.75 inches. 
5. Place the following on the first page, below the 1-inch margin at the top right side.
6. The tax parcel identification number.
7. Preparer’s name and address.
8. Return name and address.

Sussex County

Formatting and content requirements in Newcastle County are as follows: [5] 

1. 1. Paper size: maximum 8 1/2″ X 14″.
   2. Font: minimum 12 points; using black ink only.
   3. Paper: 20 lb; white color.
   4. Margins: 
      • 2″ margin at the top of the first page.
      • 2″ margin at the bottom of the last page.
      • 1″ margin at the top and sides of each page. 
   5. All pages must be numbered sequentially (including attachments and inserts). 
   6. Single-sided printing only.
   7. Place the following on the upper left corner.
   8. Parcel Numbers: Tax map and parcel numbers.
   9. Preparer’s Name and Address ( below tax map numbers, within the 2″ margin).
   10. Return Address.
   11. Self-addressed, Stamped Return Envelope: Each recording must have a self-addressed, stamped return envelope. 

Kent County

Formatting and content requirements in Newcastle County are as follows: [6]  

1. Paper size: 8.5×11 (letter) only.
2. Font type: minimum 10-point Times New Roman (or equivalent).
3. Line Spacing: required 9 lines per inch maximum.
4. Margins:
   • First page: 1.5 – 3 inches on top. 
   • All remaining margins are 1 inch.
5. Place the following on top of the first page, below the left margin:
   • Tax Parcel / Map Numbers: Tax parcel / Map numbers (full 25-character code).
   • The “Prepared By” statement below the tax parcel number.
   • The “Return to” statement below the Prepared by statement.

Who Signs a Quitclaim Deed in Delaware?

For a quitclaim deed to be legally valid in Delaware, it must be signed by the Grantor. The Grantor’s signature must be acknowledged by a notary public or proved at the Superior Court by a witness whose name is not mentioned in the deed. [7]  

How to File a Quitclaim Deed in Delaware 

Here’s how to file a quitclaim deed in Delaware: 

1. Prepare the quitclaim deed with the required information.
2. Realty Transfer Tax Return and Affidavit of Gain and Value: [8]  
   • All transfers of real estate must be accompanied by a completed Realty Transfer Tax Return and Affidavit of Gain and Value (Form 5402).
3. Kent County – New Property Ownership Form: [9]  
   • If the property is located in Kent County, it must be accompanied by a New Property Ownership Form.
   • The form is available at the county Recorder’s Office or at their website. 
4. Once the quitclaim deed is executed, ensure the Grantor’s signature is acknowledged before a notary public proved at the Superior Court by a witness whose name is not mentioned in the deed.
5. Finally, the quitclaim deed must be filed at the recorder’s office in one of the three counties where the property is located: New Castle County, Kent County, or Sussex County. 

How Much Does it Cost to File a Quitclaim Deed in Delaware?

In Delaware, the minimum charges for filing a quitclaim deed are as follows: [10]  

Fees in Kent County: 

• Deeds (Document) fee: $36. 
• Fee per page (including 1st): $10.
• Tax parcel fee:$5.
• Plot/map fee (0er page): $35 (24” x 36”); $36 (over 24” x 36”)

Fees in Newcastle County:

• Deeds (Document) fee: $30. 
• Technology fee: $5. 
• Fee per page (including 1st):$13. 
• Fee for each parcel description: $3. 

Fees in Sussex County:

• Standard fee: $30. 
• Maintenance fee: $1. 
• Surcharge fee (per document): $30. 
• Fee per page (including 1st): $9.

What Taxes Are Owed on Quitclaim Deeds in Delaware?

In Delaware, the transfer of property using a quitclaim deed triggers taxes as follows: [11]  

Realty Transfer Tax 

• State tax is charged at the rate of 3.0% 
• The tax is calculated on the market value of the property.
• Both the Grantor and the Grantee are responsible for paying the tax.
• County tax is charged at the rate of 1.5%. 
• If the county tax exceeds 1%, the state tax of 3 is reduced to 2.5%
• Many transfers generally filed under quitclaim deeds are tax-exempt in Delaware including: [12]  
  • Correctional deeds without consideration.
  • Conveyances between spouses.
  • Conveyances between divorced spouses.
  • Conveyances between parent and child or the spouse of such child.
  • Conveyances between parent entities and wholly-owned subsidiary entities.
  • Conveyances between siblings, half-siblings, or step-siblings.

Moreover, federal taxes such as Gift Tax and Capital Gains Tax may also be applicable.

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How Long Does a Quitclaim Deed Take to be Recorded in Delaware?

The time it takes to record a quitclaim deed in Delaware varies based on the county, however, most counties process the deed within a few days to weeks.

What Happens After a Quitclaim Deed is Recorded in Delaware?

When a quitclaim deed is submitted at the Recorder’s Office, it undergoes an initial check to ensure the accuracy of the necessary information. If no issues are found, the document is scanned, and the original is returned to the submitter. 

The office then indexes the deed by assigning a book and page number and enters it into the state system of records. Finally, the quitclaim deed is made available to the public.

How Long Are Quitclaim Deeds Valid For in Delaware? 

There is no expiration for quitclaim deeds in Delaware. However, the statute of limitations for a breach of a written contract is 3 years. [13]