Louisiana Quitclaim Deed Form

What is a Quitclaim Deed in Louisiana? 

In Louisiana, a quitclaim deed is used to transfer property (“immovable property”) from an owner (“Grantor” or “Vendor”) to a new owner (“Grantee” or “Vendee”) without any promises or guarantees about the property’s title or condition. [1] Quitclaim deeds are a quick way to transfer property but they offer the lowest security among real estate deeds in Louisiana.

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 Louisiana?

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

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How Do Quitclaim Deeds Work in Louisiana?

Laws surrounding quitclaim deeds are found in Chapter 5 of the Louisiana Civil Code, titled Proof of Obligations.

In Louisiana, every sale of property includes a warranty against eviction by default. For this reason, a Louisiana quitclaim deed must specify the nature of the transfer and the lack of a title guarantee, if any, in the quitclaim deed. [2] 

Once prepared, the quitclaim deed must be filed at the Clerk of Court’s Office in the parish (county) where the property is located. [3] 

Can You Prepare Your Own Quitclaim Deed in Louisiana?

You can prepare your own quitclaim deed in Louisiana. 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.”

Louisiana Quitclaim Deed Requirements

Most formatting standards in Louisiana are those that counties have uniformly adopted and standardized throughout the state.

Formatting Requirements

Formatting requirements for quitclaim deeds in Louisiana include: [4] 

1. Paper size: must be between letter (8.5 x 11) and legal size (8.5 x 14).
2. Margins: first page must have 2 inches on top; 1 inch on bottom and sides.
3. Font size: 8 points minimum.

Content Requirements

Content requirements for quitclaim deeds in Louisiana include: [5] 

1. Grantor’s full name and address.
2. Grantee’s full name and address.
3. Marital Status of the parties involved.
   1. Include the marital status of the Grantor and the Grantee.
   2. If married, include the full names of each spouse.
   3. Mention any changes in the Grantor’s marital status since acquiring the property.
   4. If there has been a change (as mentioned in ‘C’), provide the date and details.
4. Include the title ‘quitclaim’ below the top 2-inch margin.
5. If a mortgage exists, include the last four digits of the borrower’s Social Security Number or Taxpayer Identification.
6. Property address. 
7. Municipal or Parish ID number, if available.
8. Property’s land description.
9. Property’s homestead status.
10. Consideration clause – the value or the amount of money exchanged.   

Who Signs a Quitclaim Deed in Louisiana?

For a quitclaim deed to be legally valid in Louisiana, it must be signed by the Grantor(s), with their names typed directly under the signatures. If the Grantor is married, then both spouses must sign the quitclaim deed. 

The Grantor must sign and execute the deed in the presence of a notary public and two witnesses. [6] 

How to File a Quitclaim Deed in Louisiana 

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

1. Prepare the quitclaim deed with the information required.
2. If the quitclaim deed is used for a real estate sale, the Grantor must complete a Louisiana Property Disclosure Statement. [7]
3. Ensure the deed is signed and executed by the Grantor before a notary public and two witnesses. If the Grantor is married, ensure the spousal signature is included.
4. File the quitclaim deed at the Clerk of Court’s Office in the parish where the property is located.

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

In Louisiana, the minimum charges for filing a quitclaim deed are as follows: [8]

• For 1 to 5-page documents – $100.
• For 6 to 25-page documents – $200.
• For 26 to 50-page documents – $300.
• For documents over 50 pages – $300; $5 for each page over 50.
• Additional indexing charge for each name after the 10th – $5 per name.
• Additional fee for any deed not on letter (8.5×11) or legal (8.5×14) size paper – $20 per page.

What Taxes Are Owed on Quitclaim Deeds in Louisiana?

Property transfers in Louisiana are not subject to real estate transfer taxes.

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

In Louisiana, the process of recording a quitclaim deed typically takes one day. However, depending on the parish, it can take anywhere from a few days to a few weeks.

What Happens After a Quitclaim Deed is Recorded in Louisiana?

Once presented to the Clerk of Court’s Office, the quitclaim deed will be assigned an entry number along with the date and time of filing. The deed will then be transferred to the Conveyance Department where it is indexed and integrated into the current year’s files. 

In Louisiana, the original quitclaim deed is not returned, as it becomes part of the parish archive. Certified copies may be obtained once it is indexed.

How Long Are Quitclaim Deeds Valid For in Louisiana? 

There is no expiration for quitclaim deeds in Louisiana. However, the statute of limitations for breaching a written contract in Louisiana is 10 years. [9]