The Louisiana quitclaim deed is a document that one person, called the grantor, uses to transfer their property to another person, called the grantee.
This type of quitclaim deed, unlike the warranty deed and the special warranty deed, doesn’t provide any warranties for the property title. The new owner receives the property title as is, and the previous owner is not responsible in case some title defects appear later. Therefore, it is often used in ownership transfers between trusted parties or family members.
The advantage of the general quitclaim deed over other types of deeds is its simple form. This makes the property transfer with a quitclaim deed much faster compared to the other types.
Quitclaim Deed Important Laws & Requirements in Louisiana
Laws & Requirements
Statute: Transfer of immovable property. (CC 1839)
Signing requirements: The grantor should sign the quitclaim deed before the notary public and two witnesses. (CC 1833, 1839, 2440)
Recording: The parties should submit the quitclaim deed to the Louisiana Clerk of Court’s Office for document recording.
Recording fees: (§ 844(A)(1)(a))
One to five pages - $100
Six to twenty-five pages - $200
Twenty-six to fifty pages - $300
Fifty pages and more - $300 for the first 50 pages and $5 for every additional page.
When to Use a Quitclaim Deed in Louisiana
The general quitclaim deed is the most simple way to transfer property. However, the form lacks warranties for the buyer or the grantor. These features make the quitclaim deed perfect to be used in the following situations.
#1. Title Modifications
The grantor can use this type of deed to change the information in the title in a more simple way than through the regular procedure. The grantor can change the title due to an error in the title or when some information in the title needs to be updated.
#2. Property Transfer
The most common use for the quitclaim deed is for the transfer of property. By signing the quitclaim deed, the grantor simply transfers all their interests to the grantee without providing guarantees that they are authorized to transfer the property or that there are no other claims. Therefore, this type of deed should be used only between trusted parties or family members.
#3. Living Trust Transfer
The grantor can use the general quitclaim deed form to transfer their property to their living trust. This action doesn’t require any additional guarantees, and it is, therefore, perfect to be completed using the quitclaim deed.
How to Create a Quitclaim Deed in Louisiana
#1. Fill Out The Form
Insert information about the parties that are involved in the transaction. The general form should include their names, mailing addresses, ID numbers, and marital statuses.
If some of the parties are legal persons, the form should include the registered name, mailing address, status, and registration number.
#2. Add the “Note Consideration”
The note consideration describes the value that the parties exchange in connection with the transaction. The property transfer can be made with or without consideration (as a gift).
The consideration can be set as a money transfer, a default on debt, the provision of certain services, or any other kind of value. The parties can also set the nominal price for the property transfer, while the real price will remain private.
#3. Write the Legal Description
The legal description helps the parties individualize the transferred property. It can include the section, township, block, subdivision name, map and plat number, and the address of the property.
#4. Sign & Get it Notarized
The grantor must sign the quitclaim deed form before the notary public and two witnesses.
#5. File the Quitclaim Deed
After completing all the steps, the parties should file the quitclaim deed with the governmental body in charge of the deed registration.
Where to File a Quitclaim Deed in Louisiana
In Louisiana, the parties file a quitclaim deed with the Louisiana Clerk of Court’s Office for document recording.