Tennessee quitclaim deeds allow the current owner of a property (the grantor) to transfer property to another person (the grantee) without warranty of title. As such, the grantee becomes responsible for issues arising from undisclosed title or ownership problems. Some grantees take out title insurance to mitigate these potential costs.
This deed is useful when adding a spouse to the deed as a joint tenant, conveying real estate to a family member or charitable organization as a gift, transferring the property title to a living trust, or conveying property to a close friend for zero or negligible consideration.
Tennessee laws outline the form, use, effect, and responsibilities of transferring property via a quitclaim. Tenn. Code § 66-24-101 establishes that a property owner may convey property to another owner by recording a deed with the county register.
Tenn. Code § 66-5-103 lists a quitclaim deed’s language and intent, including title warranty disclaimers. The vesting language should be as follows: “I hereby quitclaim to [grantee] all my interest in the following land [legal description of the property].”
A legal description of the property should follow the vesting language, per Tenn. Code § 66-5-103. Legal descriptions may include:
Generally, the description should provide precise measurements by which a land surveyor can locate and identify the real property.
Per Tenn. Code § 66-22-101, a quitclaim deed must include the grantor’s original signature and be acknowledged by a notary public. The grantor may provide an electronic signature as defined under Tenn. Code § 8-16-302.
Suppose the conditions of your property transfer require you to pay recordation tax. In that case, the new owner must sign a statement of consideration to verify the amount they paid for the property (Tenn. Code § 67-4-409).
This acknowledgment (also called an oath of value statement) can be included in the deed itself or added as a separate affidavit. If the deed is exempt from recordation tax, you can simply state the exemption and applicable reference instead.
Tenn. Code § 66-5-106 declares that you must file a quitclaim deed with the county where the property exists for it to be valid and enforceable. When you file, you may have to pay recording fees and taxes based on the consideration the grantee offers. If you’re not sure whether you owe taxes, contact your county’s Register of Deeds for guidance.
Tennessee law doesn’t outline specific requirements for formatting quitclaim deeds, but they should follow these generally accepted standards:
Tenn. Code § 66-24-101 provides the following validity requirements for deeds, including quitclaim deeds:
Your quitclaim deed must contain the following information:
| Quitclaim Deed | Conveys whatever interest the seller has in the property but doesn't provide guarantees or warranties. |
| General Warranty Deed | Includes a guarantee from the seller that they have clear title to the property and selling rights. |
| Special Warranty Deed | Limits the extent of the seller's warranties, as the seller only guarantees a clear title for their ownership period. |
| Transfer on Death Deed | Enables the property owner to designate beneficiaries who will automatically inherit the property when the owner dies. |
| Trustee's Deed | (For property held in a trust). It lets the trustee convey property ownership according to the trust agreement's terms. |
