What is a Quitclaim Deed in Maine?
In Maine, a quitclaim deed is used to transfer property from the current owner (“Grantor”) to a new owner (“Grantee”). With a quitclaim deed in Maine, the Grantor can provide limited legal protection against title issues using a “quitclaim covenant.”
If the quitclaim covenant is included, the Grantor assures a clean title during the period they owned the property. Without the covenant, the Grantor only transfers their interest without any promises regarding the property’s title.
Quitclaim deeds are a quick way to transfer property and are most commonly used between parties with high levels of trust, such as family members or close friends.
What is the Difference Between a Quitclaim Deed and a Warranty Deed in Maine?
The main difference between quitclaim deeds and warranty deeds in Maine is that a quitclaim deed provides less security to the new owner.
Warranty deeds ensure the Grantor’s complete ownership of the property, free from any title issues throughout its history. In contrast, even with a covenant, a quitclaim deed only transfers the Grantor’s current interest in the property and only guarantees a specific period.
Warranty deeds are mostly used for real estate transactions in Maine.
How Do Quitclaim Deeds Work in Maine?
Laws surrounding quitclaim deeds are found under Title 33, Chapter 12 of the Maine Revised Statutes, titled Property – Short Form Deeds.
In Maine, a quitclaim deed has specific language, transferring the title from the Grantor to the Grantee, including the quitclaim covenant.
The quitclaim deed must be filed with the Register of Deeds in the county where the property is located.
Can You Prepare Your Own Quitclaim Deed in Maine?
You can prepare your own quitclaim deed in Maine. A professional drafter is not legally required.
Maine Quitclaim Deed Requirements
For the quitclaim deed to be legally valid in Maine, it must follow certain state-specific rules.
Formatting Requirements
Formatting requirements for quitclaim deeds in Maine include:
- Paper: maximum size legal (8.5 x 14).
- Text: minimum 10-point.Font: Times New Roman.
- Prints in black ink only.
- Margins:
- Top margin of 1.75- inches on the first page; remaining pages 1-inch.
- Side margin of 0.75-inches required on all pages.
- Bottom margin of 1.5-inches across the bottom of the last page.
- No writing in any margins.
- No punched holes, stickers, markings.
- Original only (no certified copies).
Content Requirements
Content requirements for quitclaim deeds in Maine include:
- Grantor’s name and address.
- Grantee’s name and address.
- Return name and address.
- Name and address for tax statements.
- The title as “Quitclaim Deed.”
- Property address.
- Property 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.
- Granting clause – a statement describing the transfer the parties have agreed to.
- Consideration clause – the value or the amount of money exchanged.
Who Signs a Quitclaim Deed in Maine?
For a quitclaim deed to be legally valid in Maine, it must be signed by the Grantor. The Grantor must sign in the presence of a notary.
While the signature of a non-owner spouse is not required to transfer real estate in Maine, their signature may be necessary in many circumstances. To ensure clarity in marital property titles, it is common for both spouses to sign the deed, or alternatively, for one spouse to sign with an express waiver of any potential rights.
How to File a Quitclaim Deed in Maine
Here’s how to file a quitclaim deed in Maine:
- Prepare the quitclaim deed with the information required.
- Declaration of Value.
- A quitclaim deed must be accompanied by a Real Estate Transfer Tax Declaration (Form RETTD).
- The completed Form must be submitted at the Register of Deeds; the amount due as taxes will then be stamped by the office.
- If the transfer is tax exempt, the basis of the exemption claimed must be mentioned on the Form.
- Residential Real Estate Disclosure.
- All quitclaim deeds used for the sale and transfer of residential real estate ownership must be accompanied by a Property Disclosure Statement.
- Many transfers generally filed under quitclaim deeds are exempt from the requirement to file the Disclosure, including:
- Co-owner: Transfers between co-owners.
- Consanguinity: Transfers to family members in a direct line of descent.
- Divorce: Transfers between spouses due to divorce or separation agreements.
- Corrective Deed: Transfers that fix errors in previously recorded deeds without changing ownership.
- Ensure the Grantor signs the quitclaim deed, acknowledged by a notary.
- File the quitclaim at the Register of Deeds in the county where the property is located.
How Much Does it Cost to File a Quitclaim Deed in Maine?
The fees to file a quitclaim deed in Maine is as follows:
- First Page – $19.
- Each additional page – $2.
- Records preservation surcharge (per document) – $3.
- Each name over four to be indexed – $1.
- Maps and plans – $24.
- Marginal references (over one) – $13.
What Taxes Are Owed on Quitclaim Deeds in Maine?
In Maine, the transfer of a property through a quitclaim deed triggers the following taxes:
- Transfer Tax.
- The rate is $2.20 for each $500 (rounded up).
- The tax is calculated on the value of the property.
- The total tax amount is divided equally between Grantor and Grantee.
- Many transfers that are generally filed under quitclaim deeds are exempt from Maine’s Transfer Tax, including:
- Deeds confirming or correcting previous deeds without additional consideration.
- Deeds between certain family members, including spouses and parents/grandparents and children/grandchildren.
- Deeds of partition without consideration.
- Deeds made during mergers or consolidations of business entities.
How Long Does a Quitclaim Deed Take to be Recorded in Maine?
The length of time to record a quitclaim deed in Maine varies greatly depending on the processes, procedures, and population of each county.
What Happens After a Quitclaim Deed is Recorded in Maine?
In Maine, once the quitclaim deed is signed and filed, the county will process the document. If the deed is clear of any previous filings, a public record of the transfer of the property’s ownership will be made official.
How Long Are Quitclaim Deeds Valid For in Maine?
There is no expiration for quitclaim deeds in Maine. However, the statute of limitations to recover property in Maine is 20 years.
Sources
- 1 33 M.R.S. §765
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Quitclaim deed with covenant. …A deed in substance following the form entitled “Quitclaim Deed With Covenant”.. to the grantee, his heirs and assigns forever, with covenant on the part of the grantor, for himself, with the grantee, his heirs and assigns forever, that at the time of the delivery of such deed the grantor covenants with the grantee, his heirs and assigns, that he will warrant and forever defend the premises to the said grantee, his heirs and assigns forever, against the lawful claims and demands of all persons claiming by, through or under him.
Source Link - 2 33 M.R.S. §763
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Warranty deed.. A deed in substance following the form entitled “Warranty Deed” shall when duly executed have the force and effect of a deed in fee simple to the grantee, his heirs and assigns. he was lawfully seized in fee of the premises, that they were free of all encumbrances, that he had good right to sell and convey the same to the grantee to hold as aforesaid, and that he and his heirs shall and will warrant and defend the same to the grantee..
Source Link - 3 33 M.R.S. §766
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Quitclaim covenant or limited covenant.. In a conveyance of real estate the words “quitclaim covenant” shall have the full force, meaning and effect of the following words: “The grantor covenants with the grantee, his heirs and assigns that he will warrant and forever defend the premises to the said grantee, his heirs and assigns forever, against the lawful claims and demands of all persons claiming by, through or under him.”
Source Link - 4 33 M.R.S. §201
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Priority of recording. No conveyance of an estate in fee simple, fee tail or for life, or lease for more than 2 years or or an indefinite term is effectual against any person except the grantor, his heirs and devisees, and persons having actual notice thereof unless the deed or lease is acknowledged and recorded in the registry of deeds within the county where the land lies..
Source Link - 5 Formatting Requirements
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Records; index.. When the register of deeds is required by law or common practice to make a note in the margin of a record, it is determined sufficient if the note is made to the index in such a fashion that the note becomes a permanent part of the indexing of the record to which the marginal note is required to be made..
II. Main Registry of Deeds – Margin Requirements
…1 and 3/4 inches across top of first page 3/4” side.. To meet the requirements of all Maine County Registries of Deeds the following clean margins are required on all documents offered for recording. A. Side margin of 3/4 inch all page B. Top margin 1st page of 1 3/4 inches across.. No punched holes, stickers or writing in any margins…
- 6 Content Requirements
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Grantor, grantee names; form of indexing.. No instrument executed on or after October 1, 1983, may be accepted by a register of deeds for recording unless… the name of each signer is typed or printed.. A name may be typed or printed under a signature at the registry of deeds by the person bringing the instrument to the registry..
II. 33 M.R.S. §456
Address of buyer. All deeds and other instruments for the conveyance of real property shall contain, in addition to the name of the grantee, his address, including street and number, municipality and state.
- 7 33 M.R.S. §201-A (2)
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Conditions of actual notice.. Adequate description. An adequate description by metes and bounds or by reference to the volume and page of the record of a survey plan of the property affected by the exception, reservation or recital, in which case the actual notice shall extend only to the property so described..
Source Link - 8 Acknowledgment
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No estate greater than tenancy at will unless by writing.. There can be no estate created in lands greater than a tenancy at will, and no estate in them can be granted, assigned or surrendered unless by some writing signed by the grantor or maker or his attorney.
II. 33 M.R.S. §203
Need for acknowledgment. Deeds and all other written instruments before recording in the registries of deeds, except those issued by a court of competent jurisdiction and duly attested by the proper officer thereof.. must be acknowledged by the grantors, or by the persons executing any such written instruments ..before a notary public in the State..
- 9 Spousal consent
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Signature of nonowner An owner of real estate may convey that real estate, or any interest in it free from any claim to the real estate by his nonowner spouse, by deed.. unless..1. Non-bona fide purchaser…2. Divorce action…
Effect of release.. A deed or other instrument executed after the effective date of this subsection that includes the following language: “[name] (wife or husband) of said Grantor, joins as Grantor and releases all rights by descent and all other rights” or similar language..
- 10 33 M.R.S.§4641-D
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Declaration of value.. Except as otherwise provided in this section, any deed, when offered for recording, and any report of a transfer of a controlling interest must be accompanied by a declaration of the value of the property transferred and indicating the taxpayer identification numbers of the grantor and grantee, if they are business entities..
Source Link - 11 33 M.R.S.§173
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Required disclosures.. Unless the transaction is exempt under section 172, the seller of residential real property shall provide to the purchaser a property disclosure statement containing the following information.. Water supply system..Insulation.. Heating..
Source Link - 12 33 M.R.S.§172
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Applicability; exemptions.. This subchapter applies to the transfer of any interest in residential real property, whether by sale, exchange, installment land contract.. The following transfers are exempt from this subchapter: Court Order.. Transfers from one or more coowners solely to one or more other coowners..Transfers between spouses resulting from a judgment of divorce or a judgment of separate maintenance or from a property settlement agreement incidental to such a judgment;
Source Link - 13 Fees
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Schedule.. Except as provided in any other provision of law, registers of deeds shall receive the following fees for.. Instruments generally.. Receiving, recording and indexing any instrument that may be recorded and for which a specific fee is not set forth in this section or in any other section, the sum of $19 for the first record page and $2 for each additional record page..
II. 33 M.R.S.§752
Records preservation surcharge.. Surcharge. In addition to any other fees required by law, a register of deeds may collect a surcharge of $3 per document for all records that are recorded in the registry of deeds
- 14 33 M.R.S.§4641-A.
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Rate of tax; liability for tax… Deeds..A tax is imposed on each deed by which any real property in this State is transferred…A. The rate of the tax is $2.20 for each $500 or fractional part of $500 of the value of the property transferred… The tax is imposed 1/2 on the grantor and 1/2 on the grantee..
Source Link - 15 33 M.R.S.§4641-C.
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Exemptions.. The following are exempt from the tax imposed by this chapter..deeds affecting a previous deed.. Deeds between certain family members. Deeds between spouses, parent and child or grandparent and grandchild.. deeds of partition..
Source Link - 16 14 M.R.S.§817
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Limitation of actions for breach of covenants.. An action on a breach of covenants in any deed or other instrument for the conveyance of real property in this State or any interest therein must be commenced within 20 years after the cause of action accrues..
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