Download Delaware Quitclaim Deed Form [PDF]

The Delaware quitclaim deed is a legal document that one person, called the grantor, uses to transfer their property to another person, called the grantee.

Compared to other types of deeds, the quitclaim deed is the fastest and easiest way to transfer property. However, the main deficiency of the quitclaim deed is that it doesn’t provide any warranty for the new owner of the property. Therefore, the Delaware quitclaim deed should be used between trustworthy parties and family members.

Considering the features of this deed, the purchaser should always do a title search on the property records and check if the grantor is actually the title holder.

Quitclaim Deed Important Laws & Requirements in Delaware

Laws & Requirements

Statute: § 121
Signing Requirements: The Delaware quitclaim deed must be acknowledged by the notary public. Alternatively, the document can be acknowledged by the subscribing witness in the Superior Court. (§ 122)
Recording: The quitclaim deed must be recorded in the county recorder’s office according to the location of the property. (§ 154)
Affidavit of Residence: This form should always be submitted with the quitclaim deed to the county recorder’s office.

When to Use a Quitclaim Deed in Delaware

Considering the simplicity of the property transfer and the lack of warranty for the general quitclaim form, this document is often used in the following situations.

#1. Title Modifications

The grantor can use this legal document to change the information in the property title.

They can do so for the following reasons:

Quitclaim Deed Title Alteration

If there is an error recorded in the property title
When the grantor wants to update the information in the property title

#2. Property Transfer

The Delaware quitclaim deed is most often used for property transfers. However, considering the fact that the grandeur doesn’t provide any guarantee that the property is free from any other interests and claims, the grantee should use it only with trustworthy parties and after checking the title records for the property.

#3. Living Trust Transfer

The grantor can use this document to transfer their property from their assets to their living trust. Since this kind of property transfer doesn’t require any warranties, the general quitclaim form is ideal for the living trust transfer.

How to Create a Quitclaim Deed in Delaware

#1. Fill Out The Form

The grantor should first fill out the names, mailing addresses, ID numbers, and marital statuses of the grantor and the grantee. If one of the parties is a legal person, this section should include their registered name, status, mailing address, and registration number.

#2. Add the “Note Consideration”

By inserting the consideration, the parties provide the value the grantee owes to the grantor for transferring the property to them. In most cases, the parties will enter the nominal amount in the consideration section, while the real consideration will remain private.

#3. Write the Legal Description

The legal description individualizes the property that the grantor transfers to the grantee. In the case of real estate, it should include the plot number and a description of the boundaries of the property.

#4. Sign & Get it Notarized

After drafting the document, the grantor should sign it before the notary public.

#5. File the Quitclaim Deed

Finally, the parties should submit the document for registration to the relevant governmental agency.

Where to File a Quitclaim Deed in Delaware

The parties must register the Delaware quitclaim deed with the county recorder’s office according to the location of the property. Here you can find the locations of the recorder's office for Kent County, New Castle County, or Sussex County.