Wisconsin Quitclaim Deed Form

Last Updated: January 22, 2024 by Rukshani Lye

What is a Quitclaim Deed in Wisconsin?

In Wisconsin, a quitclaim deed is used to transfer property from an owner (“Grantor”) to the new owner (“Grantee”) without any promises or guarantees about the property’s title or condition. Quitclaim deeds are a quick way to transfer property but they offer the lowest security among real estate deeds in Wisconsin.

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 Wisconsin?

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

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How Do Quitclaim Deeds Work in Wisconsin?

Laws surrounding quitclaim deeds are found in Chapter 706 of the Wisconsin State Legislature titled Conveyances of Real Property; Recording; Titles.

A quitclaim deed in Wisconsin must state that the Grantor “quitclaims” their interest in the property to the Grantee. The deed must clearly state that the Grantor is not providing any warranties on the property’s title.

Once prepared, the quitclaim deed must be filed at the Office of the Register of Deeds in the county where the property is located.

Can You Prepare Your Own Quitclaim Deed in Wisconsin?

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

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

Wisconsin Quitclaim Deed Requirements

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

Formatting Requirements

Formatting requirements for quitclaim deeds in Wisconsin include:

  1. Paper size: between letter (8.5 x 11) or legal (8.5 x 14).
  2. Paper weight: 20lb minimum.
  3. Paper color: white.
  4. Font color: black, blue, or red ink.
  5. Print must be legible and photocopiable.
  6. Margins: top margin is 0.5 inches; bottom and sides minimum 0.25 inch
  7. No stapling or binding allowed.

Content Requirements

Content requirements for quitclaim deeds in Wisconsin include:

  1. Grantor’s name and address.
  2. Grantor’s marital status and spouse’s name.
  3. Grantee’s name and address.
  4. Granting clause – a statement describing the transfer the parties have agreed to.
  5. Consideration clause – the value or the amount of money exchanged.
  6. Property address.
  7. Social security numbers are not allowed.
  8. Property description by one or more of the following:
  • Describe land using the “metes and bounds” method, starting from a fixed point (like a monument or section corner) or the end of a recorded private claim or federal reservation.
  • Specify with government lot, private claim, or quarter section, section, township, and range.
  • Refer to recorded subdivisions or certified survey maps when applicable.

First Page Requirements:

Required first-page content and formatting for a Wisconsin quitclaim deed:

  1. The title “Quitclaim”: place between 0.5 to 3 inches from the top.
  2. Unique Document Number: place within 3 inches from the top left corner, in an area measuring at least 0.5 inch by 2 inches.
  3. Recording information: place in a 3×3 inch blank space in the upper right corner.
  4. Return address: place in a 1×3 inch horizontal space no more than 3 inches from the top; directly below the title, the recording information, or the unique document number.
  5. Parcel Identification Number (PIN): place the PIN below the return address section.

Who Signs a Quitclaim Deed in Wisconsin?

For a quitclaim deed to be legally valid in Wisconsin, it must be signed by the Grantor.

If it is a marital property listed as a homestead, then both spouses must sign the quitclaim deed. Alternatively, a waiver of homestead rights can be signed and attached.

The Grantor’s signature must be acknowledged before a notary, or authenticated by an authorized officer in the county where the property is located.

How to File a Quitclaim Deed in Wisconsin

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

  1. Prepare the quitclaim deed with the information required.
  2. Once the quitclaim deed is signed, ensure that it is acknowledged before a notary.
  3. The Grantor must complete an online Real Estate Transfer Return (eRETR) application and submit the receipt, along with taxes payable, when filing the quitclaim deed.
  4. File the quitclaim deed and the relevant information at the Office of the Register of Deeds in the county where the property is located.

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

In Wisconsin, the state recording fees for filing a quitclaim deed are as follows:

  • $30 flat fee for any number of pages.
  • $50 flat fee for subdivision, cemetery, and Condominium Plats.

What Taxes Are Owed on Quitclaim Deeds in Wisconsin?

In Wisconsin, the transfer of a property through a quitclaim deed triggers real estate transfer tax (also known as real estate transfer fees):

  • The real estate transfer fee is $0.30 per $100 of consideration paid.
  • Transfer tax is payable at the time of recording.
  • Many transfers that are generally filed under quitclaim deeds are tax-exempt from the Real Estate transfer fee, including:
    • When the property is transferred for no consideration.
    • When the property is worth $1,000 or less.
    • When there are mergers or changes in ownership of a company.
    • When family members exchange property for little or no money.
    • When spouses exchange property.
    • When property is transferred due to inheritance, descent, or survivorship.

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

The length of time it takes to record a quitclaim deed in Wisconsin can vary based on county-specific processes. Typically, it can take anywhere from a few business days to a few weeks.

What Happens After a Quitclaim Deed is Recorded in Wisconsin?

In Wisconsin, 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 ownership will then be made official. The original deed will then be mailed back to the return information provided.

How Long Are Quitclaim Deeds Valid For in Wisconsin?

There is no expiration for quitclaim deeds in Wisconsin. However, in most cases, there is a 30-year limit to file legal claims related to land titles.