Idaho Quitclaim Deed Article

Last Updated: March 16, 2024 by Rukshani Lye

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What is a Quitclaim Deed in Idaho? 

In Idaho, 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 Idaho.

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 Idaho?

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

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How Do Quitclaim Deeds Work in Idaho?

Laws surrounding quitclaim deeds are found under Title 55 of the Idaho Statutes, titled Property in General.

Quitclaim deeds in Idaho must state that the Grantor intends to “quitclaim” the property to the Grantee.  The term “grant” is not used in an Idaho quitclaim deed as it implies warranty.

Once prepared, the quitclaim deed must be filed at the Recorder’s Office in the county where the property is located.

Can You Prepare Your Own Quitclaim Deed in Idaho?

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

Idaho Quitclaim Deed Requirements

Formatting standards in Idaho have been standardized through both statute and county processes, which have been uniformly adopted and standardized throughout the state.

Formatting Requirements

Formatting requirements for quitclaim deeds in Idaho include:

  1. Paper: maximum size 8.5x 14 (legal).   
  2. Font: minimum size 10.
  3. Text: color must be dark and clearly reproducible.
  4. Margins: leave 3 inches on top of the first page for official use.

Content Requirements

Content requirements for quitclaim deeds in Idaho include:

  1. The Grantor’s name and address.
  2. The Grantee’s name and address.
  3. Grantor’s marital status.
  4. Return name and address.
  5. Name of person requesting recordation.
  6. The title “Quitclaim.”
  7. The deed must be in English or accompanied by a certified translation.
  8. The property address.
  9. Property’s homestead status.
  10. Property’s legal description.
    • The property description must contain the proper descriptors, including metes and bounds such as section, township, and range, subdivision, each different tract, unit, or block.
    • If a secondary document is referenced, information such as the date registered, the book, page, and registration numbers must be mentioned on the deed.
  11. Granting clause – a statement describing the transfer the parties have agreed to.
  12. Consideration clause – the value or the amount of money exchanged. 

        Who Signs a Quitclaim Deed in Idaho?

        For a quitclaim deed to be legally valid in Idaho, it must be signed by the Grantor. The Grantor’s signature must be acknowledged by a notary public.

        If the Grantor is married, or if the property is registered as a homestead, both spouses must sign the quitclaim deed. Alternatively, a spousal waiver of homestead rights can be signed and attached.

        How to File a Quitclaim Deed in Idaho 

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

        1. Prepare the quitclaim deed with the required information.
        2. Idaho Residential Real Estate Disclosure.
          • All quitclaim deeds used for the sale and transfer of residential real estate ownership must be accompanied by an Idaho Property Disclosure Statement.
          • Many transfers generally filed under quitclaim deeds are exempt from the requirement to file the Disclosure, including:
            • Transfers between co-owners.
            • Transfers to a spouse or lineal descendant.
            • Transfer between spouses due to divorce or separation.
            • Transfer to a person who lived in the property for at least one year.
            • Transfer from a non-resident owner who inherited the property.
        3. Once the quitclaim deed is executed, ensure the Grantor’s signature is acknowledged before a notary public.
        4. Finally, submit the quitclaim deed at the Recorder’s Office in the county where the property is located.

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

              In Idaho, the minimum charges for filing a quitclaim deed are as follows:

              • Base fee for the first 30 pages: $15.
              • Each additional page: $3.
              • Fee for recording a map or plat:$11.
              • Fee for recording a survey (per page): $5.

              What Taxes Are Owed on Quitclaim Deeds in Idaho?

              In Idaho, property transfers, including transfers through quitclaim deeds, are not subject to real estate transfer taxes. However, annual property taxes may still apply. 

              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 Idaho?

              The time it takes to record a quitclaim deed in Idaho varies based on the county, however, most offices process the deed within seven to ten business days.

              What Happens After a Quitclaim Deed is Recorded in Idaho?

              When a quitclaim deed is submitted to the county Recorder’s Office, it undergoes an initial check to ensure the accuracy of the necessary information. Once verified, the deed is endorsed, indexed, and recorded in the county’s reception book. The document is then scanned and entered into the state system of records. Finally, the original documents are returned to the customer.

              How Long Are Quitclaim Deeds Valid For in Idaho? 

              There is no expiration for quitclaim deeds in Idaho. However, the statute of limitations to recover property in Idaho is 4 years.