North Dakota Quitclaim Deed Form

Last Updated: March 24, 2024 by Rukshani Lye

What is a Quitclaim Deed in North Dakota? 

In North Dakota, 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 North Dakota.

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 North Dakota?

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

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How Do Quitclaim Deeds Work in North Dakota?

Laws surrounding quitclaim deeds are found in Chapter 47-10 of the North Dakota Century Code, titled Real Property Transfers.

A North Dakota quitclaim deed must state that the Grantor intends to “quitclaim” all his interest unto the Grantee. The term “grant” is not used in a North Dakota 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 North Dakota?

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

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

North Dakota Quitclaim Deed Requirements

For a quitclaim to be legally valid in North Dakota, the deed must follow certain state-specific rules.

Formatting Requirements

Formatting requirements for quitclaim deeds in North Dakota  include:

  1. Paper size: must be between 8.5 x 11 (letter) and 8.5x 14 (legal).   
  2. Font type: Calibri. 
  3. Font size: minimum size 10-point type.
  4. Text color: must be dark and clearly reproducible.
  5. Single-side print only. 
  6. Margins: leave a 3-inch margin on top of the first page for official use; all remaining pages and sides should be 1 inch. 

Content Requirements

The remaining content requirements for quitclaim deeds in North Dakota include:

  1. The Grantor’s name and address.
  2. The Grantee’s name and address.
  3. The Grantee’s post office address.
  4. The Grantor’s marital status.
  5. Return name and address.
  6. The title “Quitclaim.”
  7. The property address.
  8. 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.
    • The name and address of the person who drafted the description must be included on the deed.
    • Any map or plat must bear the signature and seal of the land surveyor who drafted it.
    • If a secondary document is referenced, information such as the date registered, the book, the page, and registration numbers must be mentioned on the deed.
  9. Granting clause – a statement describing the transfer the parties have agreed to.
  10. Consideration clause -the value or amount of money exchanged.

      Who Signs a Quitclaim Deed in North Dakota?

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

      If the Grantor is married and 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 North Dakota  

      Here’s how to file a quitclaim deed in North Dakota: 

      1. Prepare the quitclaim deed with the required information.
      2. Full Consideration Statement – Exemption Status.
        • The quitclaim deed must include a statement declaring that the transfer qualifies for an exempt status under North Dakota law.
        • The statement, including the statutory reference, must be signed and dated by the Grantee. 
        • The wording may take the following form:
          “I certify that the requirement for a report or statement of full consideration paid does not apply because this deed is for one of the transactions exempted by subdivision (h)of  N.D.C.C. 11-18-02.2(6)”
      3. Auditor’s Transfer Stamp.
        • The quitclaim deed must contain a certificate from the county auditor confirming that the property is compliant and up-to-date on tax payments. 
        • The certificate or stamp can be obtained from the Auditor’s Office in the county where the property is located.
      4. Once the quitclaim deed is executed, ensure the Grantor’s signature is acknowledged before a notary public or two witnesses before a Clerk.
      5. Finally, file 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 North Dakota?

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

            • Fee for the first 6 pages: $20.
            • Fee for pages 7-25: $65.
            • Fee per page for deeds over 25 pages: $3.
            • Additional fee per section for deeds over 10 sections: $1.

            What Taxes Are Owed on Quitclaim Deeds in North Dakota?

            In North Dakota, 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 North Dakota?

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

            What Happens After a Quitclaim Deed is Recorded in North Dakota?

            When a quitclaim deed is submitted to the county Recorder’s Office, it undergoes an initial verification check. If no issues are found, the deed is assigned a number and scanned. 

            The office then indexes the document, enters it into the state system of records, and makes it available to the public. Finally, the original quitclaim deed is returned to the submitter.

            How Long Are Quitclaim Deeds Valid For in North Dakota? 

            There is no expiration for quitclaim deeds in North Dakota. However, the time limit to recover real property in North Dakota is 20 years.

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