What is a Quitclaim Deed in Utah?
In Utah, 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 Utah.
The most common use of quitclaim deeds is 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 Utah?
The main difference between quitclaim deeds and warranty deeds in Utah 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 Utah. Quitclaim deeds, on the other hand, are used for transfers between family and friends.
How Do Quitclaim Deeds Work in Utah?
Laws surrounding quitclaim deeds are found in Chapter 57 of the Utah Code, titled Real Estate.
Utah laws provide the sample language to be used in a quitclaim deed. It must state that the Grantor intends to “quitclaim” the property to the Grantor. The term “conveys” is not used in a Utah quitclaim deed as it implies warranty.
Once prepared, the quitclaim deed must be filed at the Office of the Recorder in the county where the property is located.
Can You Prepare Your Own Quitclaim Deed in Utah?
You can prepare your own quitclaim deed in Utah. A professional drafter is not legally required.
Utah Quitclaim Deed Requirements
For the quitclaim deed to be legally valid in Utah, it must follow certain state-specific rules.
Formatting Requirements
Formatting requirements for quitclaim deeds in Utah include:
- Paper: letter size (8.5 x 11); white colored only.
- Font size: no smaller than seven lines per vertical inch.
- Font color: printed with black ink only.
- Margins: first page must have space of 2.5 inches down and 4.5 inches across the upper right corner. Remaining pages are 1 inch on all sides.
- Text must be legible and photocopiable.
- No binding or stapling.
- Single-sided print only.
Content Requirements
Content requirements for quitclaim deeds in Utah include:
- Grantor’s name and address.
- Grantee’s name and address.
- The Grantor’s marital status.
- Return name and address.
- Name and address for tax information.
- English language or certified translation.
- The title “Quitclaim Deed.”
- Property address.
- Property legal description.
Deeds recorded after 2022 must follow one of the following guidelines:- Metes and bounds.
- Government survey: reference a Public Land Survey System; or list the township, range, base and meridian, and section.
- Previously recorded map or plat: lot, block, tract, parcel, or unit within a previously recorded deed.
- Mining claim: If the property is a mining claim, include the claim name and, if available, a state or federal agency serial number.
- Property’s parcel or tax identification number.
- The parcel or tax ID number should be placed in the margin of the deed.
- It should not be included in the legal description.
- Consideration clause – the value or the amount of money exchanged.
Who Signs a Quitclaim Deed in Utah?
For a quitclaim deed to be legally valid in Utah, it must be signed by the Grantor. If the Grantor is married, both spouses must sign the quitclaim deed. Alternatively, a spousal waiver of homestead rights can be signed and attached.
The Grantor’s signature must be acknowledged by a notary public.
How to File a Quitclaim Deed in Utah
Here’s how to file a quitclaim deed in Utah:
- Prepare the quitclaim deed with the required information; either the original or a certified copy should be submitted for recording.
- Water Rights Addendum.
- All quitclaim deeds submitted for recording after July 1, 2011, must complete and attach one of the following Water Rights Addendums:
- The Addendum identifies and describes the transferred water rights, even if water does not apply to the property.
- Once the quitclaim deed is executed, ensure that the Grantor’s signature is acknowledged before a notary public.
- Finally, file the quitclaim deed at the Office of the Recorder in the county where the property is located.
How Much Does it Cost to File a Quitclaim Deed in Utah?
In Utah, the minimum charges for filing a quitclaim deed are as follows:
- Base fee for recording any instrument: $40
- Each additional description over 10: $2
- Subdivision map (per page (24 x 36 mylar): $50.00
- Each certificate under seal: $5
What Taxes Are Owed on Quitclaim Deeds in Utah?
Property transfers in Utah are not subject to real estate transfer taxes. However, taxes based on industry-specific commercial transfers may be applicable.
How Long Does a Quitclaim Deed Take to be Recorded in Utah?
The time it takes to record a quitclaim deed in Utah varies based on the county and its specific processes. Typically, it can take anywhere from a few days to a few weeks.
What Happens After a Quitclaim Deed is Recorded in Utah?
Once the deed is presented at the county Office of the Recorder, the deed is stamped and assigned indexing numbers. Maps are scanned and microfilmed. The office cross-references previous records to check for any liens or title issues on the property. Finally, the original document is returned, and a copy is retained for departmental use.
How Long Are Quitclaim Deeds Valid For in Utah?
There is no expiration for quitclaim deeds in Utah. However, if anyone wishes to challenge the deed’s title, there is no time limit to do so as the Utah Supreme Court has ruled that a genuine quiet title claim is not restricted by the statute of limitations.
Sources
- 1 Utah Code § Sec. 57-1-13
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Form of quitclaim deed. Effect. (1)…. “A quitclaim deed when executed as required by law shall have the effect of a conveyance of all right, title, interest, and estate of the grantor in and to the premises therein described and all rights, privileges, and appurtenances thereunto belonging, at the date of the conveyance.”
Source Link - 2 Utah Code § Sec. 57-1-12 (2)
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(2) A warranty deed when executed as required by law shall have the effect of a conveyance in fee simple to the grantee, the grantee’s heirs, and assigns: (a) of the premises named in the warranty deed with covenants from the grantor, the grantor’s heirs, and personal representatives…
Source Link - 3 Utah Code § Sec. 57-3-101 (1)
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A certificate of the acknowledgment of any document, or of the proof of the execution of any document… as provided in this title, entitles the document and the certificate to be recorded in the office of the recorder of the county where the real property is located.
Source Link - 4 Utah Code § Sec. 17-21-20 (3)(a)
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“..a county recorder may require that each paper, notice, and instrument submitted for recording in the county recorder’s office: (i) be on white paper that is 8-1/2 inches by 11 inches in size; (ii) have a margin of one inch on the left and right sides and at the bottom of each page; (iii) have a space of 2-1/2 inches down and 4-1/2 inches across the upper right corner…”
Source Link - 5 Utah Code § 17-21-20 (2)(b)(c)
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Subject to Chapter 21a, Uniform Real Property Electronic Recording Act, each document that is submitted for recording to a county recorder’s office shall: (b) be in English or be accompanied by an accurate English translation of the document; (c)contain a brief title, heading, or caption on the first page stating the nature of the document..
Source Link - 6 Utah Code § Sec. 57-3-105 (4)
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A legal description required under this Section and Subsection 17-21-20(2)(d) shall include a description of the real property by: (a) metes and bounds; (b)a government survey that..
Source Link - 7 Utah Code § Sec. 17-21-20 (4)
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(a) To facilitate the abstracting of an instrument to which a tax identification number is assigned, a county recorder may require that the applicable tax identification number of each parcel described in the instrument be noted on the instrument.. (b)(ii)the tax identification number may not be considered to be part of the legal description and may be indicated on the margin of the instrument..
Source Link - 8 Homestead Rights
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(I) Utah Code § Sec. 78B-5-504 (4)
If an individual is married, no conveyance of or security interest in, or contract to convey or create a security interest in property recorded as a homestead prior to the time of the conveyance, security interest, or contract is valid, unless both the husband and wife join in the execution of the conveyance, security interest, or contract.
(II) Utah Code § Sec. 75-2-213
The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property, and family allowance, or any of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signed by the surviving spouse.
- 9 Utah Code § Sec. 57-3-101 (1)(2)
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(1)A certificate of the acknowledgment of any document, or of the proof of the execution of any document, or a jurat as defined in Section 46-1-2, or other notarial certificate containing the words “subscribed and sworn” or their substantial equivalent.. (2) Notarial acts affecting real property in this state shall also be performed in conformance..
Source Link - 10 Utah Code § Sec. 17-21-20 (2)
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Subject to Chapter 21a, Uniform Real Property Electronic Recording Act, each document that is submitted for recording to a county recorder’s office shall:(a)unless otherwise provided by law, be an original or certified copy of the document;
Source Link - 11 Utah Code § Sec. 57-3-109
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Water rights addenda. (1) As used in this section:(a) “Applicable deed” means a deed executed on or after July 1, 2011: (i) conveying fee simple title to land; or (ii) conveying title to water rights without conveying title to land. ) Beginning July 1, 2011, a person submitting an applicable deed to a county recorder’s office for recording may also submit a water rights addendum..
Source Link - 12 Utah Code § Sec. 17-21-18.5
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(1)The county recorder shall receive the following fees: (a) for recording any instrument, not otherwise provided for, other than bonds of public officers, $40; b) for recording any instrument.. and not otherwise provided for, $40, and if an instrument contains more than 10 descriptions, $2 for each additional description..
Source Link - 13 WDIS, LLC v. Hi-Country Estates Homeowners Association (Utah 2019)
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“…we agree that no statute of limitations applies to WDIS’s quiet title claim, because WDIS is able to establish a prima facie case of quiet title without first receiving some other relief from the court..”
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