The Montana quitclaim deed is a document one person, called the grantor, uses to transfer their property to another person, called the grantee.
The grantor uses the general quitclaim deed to transfer their interests in the property to the grantee. However, they don’t provide any guarantees that there are no other claims or restrictions on the property title. In this way, the grantee obtains the property title as-is.
For this reason, the grantee should always check the property title and make sure there are no flaws with the title before obtaining the property.
Quitclaim Deed Important Laws & Requirements in Montana
Laws & Requirements
Signing requirements: The grantor must sign the quitclaim deed before the notary public. (§ 70-21-203)
Recording requirements: The finalized quitclaim deed must be recorded with the County Clerk and Recorder.
Recording fees: When recording the quitclaim deed, the parties must pay the recording fee of $8 per page. (§ 7-4-2637)
When to Use a Quitclaim Deed in Montana
The Montana quitclaim deed has features that make it suitable for certain legal activities and transfers.
#1. Title Modifications
The quitclaim deed can be used to make changes and modifications to the property title.
The changes can be made for the following reasons:
Reasons for Title Modification
Due to the error in the property title
For updating the information in the title
To add or remove the people from the title
#2. Property Transfer
The quitclaim deed is most commonly used for property transfers. The grantor signs the document and transfers their interests in the property without providing any guarantees that they are authorized to transfer the property or that there are no other claims against the property.
Therefore, the quitclaim deed should be used between trusted parties or family members.
#3. Living Trust Transfer
The grantor can use the quitclaim deed to transfer their property to the living trust. Considering that there is only one person involved in the transaction, there is no need for additional warranties, which makes the quitclaim deed a good solution for such transactions.
How to Create a Quitclaim Deed in Montana
#1. Fill Out The Form
Enter the basic information about the grantor and grantee:
First and last name
The document must include information on how the property will be vested. In practice, the primary methods for holding the title are tenancy in common and joint tenancy.
#2. Add the “Note Consideration”
This section provides details on the value of the transferred property. The consideration can be provided in the form of a money transfer, the provision of services, a default on debt, or any other kind of value.
The property can also be transferred without any consideration (as a gift). This kind of arrangement is usually made for property transfers between family members.
#3. Write the Legal Description
The legal description provides the details that help the parties individualize the property. It includes the specific lot number and block number. The parties can also describe the property boundaries if there is no lot number.
#4. Sign & Get it Notarized
The general quitclaim deed should be signed by the grantor and acknowledged by the notary public.
#5. File the Quitclaim Deed
The parties must record the quitclaim deed with the relevant governmental body. This will provide the necessary information to all subsequent purchasers of the property.
Where to File a Quitclaim Deed in Montana
The parties should file the finalized quitclaim deed with the County Clerk and Recorder according to the location of the property.