Vermont Quitclaim Deed Form | Free PDF & Word Download

What is a Quitclaim Deed in Vermont?

In Vermont, 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 Vermont.

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 Vermont?

The main difference between quitclaim deeds and warranty deeds in Vermont 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. A quitclaim deed on the other hand only transfers the interest the Grantor has, if any, at the time of the transfer.

Warranty deeds are mostly used for real estate transactions in Vermont. Quitclaim deeds, on the other hand, are used for transfers between family and friends.

How Do Quitclaim Deeds Work in Vermont?

Laws surrounding quitclaim deeds are found under Chapter 27 of the Vermont Statutes, titled Property.

Quitclaim deeds in Vermont must state that the Grantor intends to “release and forever quitclaim” the property to the Grantee.

In Vermont, property records are maintained locally and not by county. Once prepared, the quitclaim deed must be filed with the Office of the Town Clerk in the town where the property is located.

Can You Prepare Your Own Quitclaim Deed in Vermont?

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

Vermont Quitclaim Deed Requirements

Formatting standards in Vermont have been standardized through both statute and county processes listed below.

Formatting Requirements

Formatting requirements for quitclaim deeds in Vermont include:

Paper size: maximum 8.5x 14 (legal).
Font size: minimum 10-point.
Text color: black or blue only.
Text: color must be dark and clearly reproducible.
Text should be printed or typed only.
Single-sided print only.
Margins: Minimum 1 inch margins on all sides and pages.

Content Requirements

Content requirements for quitclaim deeds in Vermont include:

The Grantor’s name and address.
The Grantee’s name and address.
Return name and address.
The title “Quitclaim.”
The property address.
Property’s homestead status.
Property 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 the description mentions a map or plat, a copy of the survey must be included.
- 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 Vermont?

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

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 Vermont

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

Prepare the quitclaim deed with the required information.
Vermont Property Transfer Tax Return.
- All transfers of real estate must be accompanied by a completed Property Transfer Tax Return (Form PTT-172).
- The Form (PTT-172) must be filed with the town clerk at the time the quitclaim deed is submitted.
- If the transfer is tax-exempt, the form must still be filed with the correct exemption code.
Once the quitclaim deed is executed, ensure the Grantor’s signature is acknowledged before a notary public.
Finally, the quitclaim deed must be filed with the Office of the Town Clerk in the town where the property is located.

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

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

Fee per page: $15.
Fee per page, maps or plots: $25.
Fee for filing a map or plat: $25.

What Taxes Are Owed on Quitclaim Deeds in Vermont?

In Vermont, the transfer of property using a quitclaim deed triggers the following tax:

Property Transfer Tax:

Transfer tax is calculated based on the value of the property at the following rates:
- Standard rate for property transfers: 1.45%
- Rate for principal residences: 0.5% on the first $100,000; and 1.45% on the remaining.
The Grantee is responsible for paying the transfer tax.
The amount due must be paid to the Vermont Department of Taxes before the quitclaim deed is filed.
Many transfers that are generally filed under quitclaim deeds are exempt from Vermont’s Property Transfer Tax, including:
- Transfers to correct previous recordings.
- Family transfers without consideration.
- Changes in ownership form.
- Partition transfers.
- Partnership formation transfers.
- Transfers under court judgments for divorce.

Moreover, federal taxes such as Gift Tax and Capital Gains Tax may also be applicable.

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

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

What Happens After a Quitclaim Deed is Recorded in Vermont?

When a quitclaim deed is submitted to the Office of the Town Clerk, it undergoes an initial verification check. Once verified, the deed is endorsed, indexed, and scanned to be stored in the town’s records.

After all processing is complete, the Town Clerk’s Office sends the recorded deed back to the requesting party.

How Long Are Quitclaim Deeds Valid For in Vermont?

There is no expiration for quitclaim deeds in Vermont. However, the time period to recover property in Vermont is 15 years.

Sources

1 Mainolfi Estate - VT Supreme Court Decision: 178 Vt. 588; 878 A.2d 287, 2005 VT 61 (2005)
The superior court determined that Frank Mainolfi’s estate was entitled to a $75,000 interest in the proceeds from the sale of the home…. quitclaim deed conveying “all right and title” in the marital home did not convey his homestead interest because the interest had not yet vested at the time of the deed..

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2 27 V.S.A. § 402: Record in county clerk’s office.. A purchaser of lands, in addition to the record in the town clerk’s office, may cause his or her deed or other conveyance with the certificate of its record in the town clerk’s office to be recorded by the county clerk of the county in which such lands lie..

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3 32 V.S.A. § 1671 (a): For the purposes of this section, a “page” is defined as a single side of a leaf of paper on which is printed, written.. The maximum covered area on a page shall be 7 1/2 inches by 14 inches. All letters shall be at least one-sixteenth inch in height or in at least eight-point type..

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4 Content Requirements: I. 27 V.S.A. § 341 (a)

“..the names of the parties to the lease as set forth in the lease… a statement of the rights of a party to extend or renew the lease… any addresses set forth in the

II.27 V.S.A. § 341 (b)

A deed or other conveyance of land that includes a reference to a survey… may be recorded only if it is accompanied by the survey to which it refers, or cites the volume and page in the land records showing where the survey has previously been recorded.
5 27 V.S.A. § 341 (a): Deeds and other conveyances of lands, or of an estate or interest in land, shall be signed by the party granting the same and acknowledged by the grantor before a notary public..

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6 27 V.S.A. § 141 (a): A homestead or an interest therein shall not be conveyed by the owner thereof, if married… unless the wife or husband joins in the execution and acknowledgment of such conveyance…

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7 Property Transfer Tax Return: I. 32 V.S.A. § 9606 (a)

Property transfer return. In the case of property transfer by deed, a property transfer return complying with this section shall be delivered to a town clerk at the time a deed evidencing a transfer of title to property is delivered to the clerk for recording.

II. 32 V.S.A. § 9606 (b)

… If the return is filed with respect to a transfer that is claimed to be exempt from the tax imposed by this chapter, the return shall set forth the basis for such exemption…
8 32 V.S.A. § 1671 (a)(6)(8): For the recording or filing, or both, of any document that is to become a matter of public record in the town clerk’s office, a fee of $15.00 per page shall be charged…. For survey plats filed in accordance with 27 V.S.A. chapter 17, a fee of $25.00 per 11 inch by 17 inch sheet, $25.00 per 18 inch by 24 inch sheet, and $25.00 per 24 inch by 36 inch sheet shall be charged.

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9 Property Transfer Tax: I. 32 V.S.A. § 9602

A tax is hereby imposed upon the transfer by deed of title to property located in this State… The amount of the tax equals one and one-quarter percent of the value of the property transferred, or $1.00.. With respect to the transfer of property to be used for the principal residence of the transferee, the tax shall be imposed at the rate of five-tenths of one percent of the first $100,000.00..

II. Vermont Dept of Taxes – Rate table

Property Transfer Tax..Property Transfer Tax is a tax on the transfer of title to real property in Vermont… The tax applies to both property transfers by deed and to acquisitions of a controlling interest in an entity with title to a property.

III. 32 V.S.A. § 9603

The following transfers are exempt from the tax imposed by this chapter:

Transfers that, without additional consideration, confirm or correct a transfer previously recorded…. Transfers between two spouses, or parent and child or child’s spouse, or grandparent and grandchild or grandchild’s spouse, without actual consideration therefore..
10 12 V.S.A. § 503: Covenant of seisin. Actions brought on a covenant of seisin in a deed of conveyance of land shall be brought within 15 years after the cause of actions accrues, and not after.

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