The Minnesota quitclaim deed is a document the parties can use to transfer the property. The person transferring the property using the quitclaim deed is called the grantor, while the person who becomes the new owner of the property is the grantee.
Contrary to the warranty and special warranty deeds, the quitclaim deed is the simplest and fastest way to transfer the property. However, the quitclaim deed doesn’t provide any warranty for the grantee.
By signing the quitclaim deed, the guarantor simply transfers their interests in the property without guaranteeing that there are no other claims against the property. Therefore, the grantee should always check the property title before making such a transfer.
Quitclaim Deed Important Laws & Requirements in Minnesota
Laws & Requirements
Statute: § 507.07
Signing requirements: The grantor must sign the quitclaim deed before the notary public or the other authority in charge of taking such acknowledgments. (§ 507.24, Subd. 2.)
Recording: The parties must register the quitclaim deed with the County Recorder’s Office according to the location of the property.
Recording fees: When recording the quitclaim deed, the parties should pay the $46 recording fee. (§ 357.18, Subd. 1)
Additional documents: Disclosure statement—the grantor must provide all the information about the property's condition to the grantee. (§ 513.55)
When to Use a Quitclaim Deed in Minnesota
Considering its features (simple form and lack of warranty), the quitclaim deed can be used in the following cases:
#1. Title Modifications
The grantor can use the quitclaim deed to make the changes to the property title.
They can make the modifications in the title to:
Quitclaim Deed Title Alteration
Fix the error in the property title
Update the information in the title
Add or remove people from the title
#2. Property Transfer
The grantor can sign the quitclaim deed to transfer the title to another person. Transferring the property using the quitclaim deed is simpler and faster than other types of deeds.
However, the quitclaim deed doesn't provide any guarantees for the grantee. Therefore, the quitclaim deed should be used only between trusted parties and family members.
#3. Living Trust Transfer
This type of deed can also be used to transfer property from the grantor's personal assets to their living trust. This kind of action doesn’t require any warranties since only one person is involved in the transaction.
How to Create a Quitclaim Deed in Minnesota
#1. Fill Out The Form
Start with providing information about the grantor and grantee, namely:
First and last name
If some of the parties are legal entities, the form should include the registered name of the entity, mailing address, form of the entity, and registration number.
#2. Add the “Note Consideration”
This section provides information on the value of the property being transferred. The property can be transferred with or without consideration (as a gift).
If the parties include consideration, it can be in the form of:
Forms of Consideration
Default on debt
Providing certain services
Any other form of value
The grantor should pay the appropriate transfer taxes based on the property value.
#3. Write the Legal Description
The legal description of the property includes information about the plot number where the property is located. Additionally, the parties can also include a description of the property boundaries.
The main purpose of this section is to provide the details that will help the parties individualize the property. The easiest way to find an accurate legal description of the property is to look at the property title or the previous deed.
#4. Sign & Get it Notarized
The grantor must sign the Minnesota quitclaim deed before the notary public.
#5. File the Quitclaim Deed
Finally, the parties should file the quitclaim deed with the authority in charge of the deed registration.
Where to File a Quitclaim Deed in Minnesota
In Minnesota, the parties must file the quitclaim deed with the County Recorder’s Office for registration.