Tennessee Quitclaim Deed Form

Last Updated: November 22, 2023 by Rukshani Lye

What is a Quitclaim Deed in Tennessee?

A quitclaim deed in Tennessee is a legal document mainly used to transfer real property between a Grantor (current owner) and Grantee (new owner), usually between family members and close friends. Quitclaim deeds don’t promise a clear title, and the Grantee has limited legal options if issues arise.

What Is the Difference Between a Quitclaim Deed and a Warranty Deed in Tennessee?

The main difference is that a quitclaim deed is faster, but does not ensure a valid title. A warranty deed guarantees the property is free and clear of any ownership conflicts, but is a longer process to confirm all information is correct and in compliance with local, state, and federal law.

Read more

How Do Quitclaim Deeds Work in Tennessee?

In Tennessee, most laws surrounding quitclaim deeds can be found in Title 66 of the Tennessee Code which governs property. Quitclaim deeds are one of the ways to communicate the transfer of real property.

A quitclaim deed must include language that shows the seller’s intention to give up any rights or interests in the property to the buyer. Once the deed is drafted, it must be registered at the Recorder’s Office in the county where the property is located.

Who Can Prepare a Quitclaim Form in Tennessee?

A professional drafter is not legally required in Tennessee. However, if a drafter does prepare the deed, their name and address must be included.

Tennessee Quitclaim Deed Requirements

There are multiple requirements for formatting and content that need to be included in a quitclaim deed in Tennessee.

Formatting Requirements

Formatting requirements for quitclaim deeds in Tennessee include:

  • Papers should be between 8.5 x 11 inches and 8.5 x 14 inches.
  • Electronic deeds need a minimum 10-point font.
  • Deeds must be legible.
  • English Language.
  • The county register may refuse to register non-English deeds.
  • Translations can be used with an affidavit attached.

    Content Requirements

    Content requirements for quitclaim deeds in Tennessee include:

    • Grantor and Grantee’s names
    • Grantor and Grantee’s addresses
    • Grantor and Grantee’s marital status
    • Preparer’s full name and address
    • Date of transfer
    • Property address
    • Property Description.
      • If description is the same, note prior deed.
      • If new, include surveyor’s details.
    • Parcel Identification Number :
    • Consideration – Value or money exchanged (if any).
    • Granting Clause – Grantor’s intent to transfer property interest.
    • Derivation Clause :

    States owner’s right source, deed type, book, page, recording office.

    • Tax Bill Name and Address
    warning
    In Tennessee, if the Habendum Clause (also called the ‘to have and to hold clause) is used in a quitclaim deed, it will be treated as a warranty deed, and the property will be subject to taxation.

    Who Signs a Quitclaim Deed in Tennessee?

    In Tennessee, quitclaim deeds require a signature from the Grantor and Grantee. The Grantor must have their signature notarized by a notary, or they can sign the deed in front of two witnesses.

    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.

    In Tennessee, documents can be notarized online using live, two-way audio video systems by a registered Online Notary Public.

    How to File a Quitclaim Deed in Tennessee

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

    1. The Grantor needs to acquire a quitclaim deed form from the county register of deed’s office where the property is located.
    2. The form needs to be signed by all required parties.
    3. The Grantor files the deed with the county Register of Deeds.

    Forms and filing instructions can be obtained on the county’s website or in person.

    How Much Does It Cost to File a Quitclaim Deed in Tennessee?

    The cost of a quitclaim deed in Tennessee depends on the county where the deed is to be filed. Most counties charge $5 per page with a $10 minimum. Additionally, the processing fee alone is usually $2 per document.

    What Taxes Are Owed on Quitclaim Deeds in Tennessee?

    In Tennessee, the transfer of property using a quitclaim deed triggers two separate taxes:

    1. Realty Transfer Tax – Realty transfer taxes are required in the amount of 37 cents per $100 for any deed used in the sale of real property.

    2. Mortgage Tax – Also known as the “indebtedness tax,” mortgage tax in Tennessee is charged in the amount of 11.5¢ per $100, after the first $2,000 of debt.

    If the property is transferred without any value exchanged return (which is common for quitclaim deeds), then no taxes are due.

    Depending on the county or town the property is located, property taxes may be imposed on the new owner at the time of closing.

    warning
    If the quitclaim deed shows a transfer of property or a promise about the property’s title, taxes will be calculated on the property’s actual value. If the deed uses terms such as “to have and to hold” or “in fee simple”, according to Tennessee law it expresses an intention to transfer property.

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

    The length of time to record a quitclaim deed in Tennessee varies greatly depending on the processes, procedures, and population of each county. For example, Shelby County takes one business day to register a deed.

    What Happens After a Quitclaim Deed is Recorded in Tennessee?

    Quitclaim deeds are valid once signed, recorded, and registered in Tennessee. Once that happens, the property has legally transferred ownership. Recording of a deed provides validity between the parties to the real estate transaction. However, registration is needed to provide actual notice to third parties such as creditors.

    How Long Are Quitclaim Deeds Valid For in Tennessee?

    There is no expiration for quitclaim deeds in Tennessee. However, the statute of limitations for challenging a deed is 6 years from the date the deed was recorded with the county.

    Sources

    Quitclaim Deed Form in Other States