The North Carolina quitclaim deed is a document used between the grantor (seller) and the grantee (buyer) for property transfer. The parties can also use the quitclaim deed to make changes to the property title, transfer their property to the living trust, or complete other legal activities.
Compared to the other types of deeds, the quitclaim deed has the simplest form. This enables the parties to easily transfer the property.
However, the quitclaim deed doesn’t provide any guarantees for the grantee. This means that the grantee obtains the property without any guarantees from the grantor that there are no other claims against it.
Quitclaim Deed Important Laws & Requirements in North Carolina
Laws & Requirements
Statute: Chapter 47 – 47H
Signing requirements: The parties must sign the quitclaim deed before the notary public. (§ 47-17)
Recording: The parties must submit the quitclaim deed for registration before the Register of Deeds according to the location of the property.
Recording fees: The parties must pay $26 for the first fifteen pages and another $4 for each additional page. (§ 161-10(a)(1))
Additional documents: Property Disclosure Statement - When transferring residential property, the grantor must fill out this statement and deliver it to the grantee.
When to Use a Quitclaim Deed in North Carolina
The North Carolina general quitclaim form can be used for multiple legal activities due to its unique features.
#1. Title Modifications
The grantor can use the North Carolina quitclaim deed to make the modifications to the property title. The changes can be made due to an error in the property title or to update the information in it. Additionally, the quitclaim deed can be used to add or remove people from the property title.
#2. Property Transfer
The quitclaim deed is, however, mostly used for property transfer. Although the simplest of the other types of deeds, the quitclaim deed doesn’t provide any warranties for the grantee.
Therefore, this type of deed is mostly used for transfers between trusted parties and family members. Additionally, the grantee should always check the property title before making the transfer to make sure there are no restrictions on the title.
#3. Living Trust Transfer
The grantor can also use the quitclaim deed to transfer their property to their living trust. The quitclaim deed is a perfect solution for such transfers since there is no need for additional warranties when moving the property from one person's assets to their living trust.
How to Create a Quitclaim Deed in North Carolina
#1. Fill Out The Form
Insert the details about the grantor and grantee:
First and last name
If one of the parties is a legal entity, enter their registered name, mailing address, type of entity, and registration number.
#2. Add the “Note Consideration”
The note consideration provides information about the value the grantee owes to the grantor for transferring the property.
The consideration can be arranged as:
Forms of Consideration
Transfer of money
Default on debt
Providing of services
Any other kind of value
#3. Write the Legal Description
The legal description of the property includes information that helps the parties individualize the property. It is usually the plot number and the address of the property. However, parties will often include a description of the property’s boundaries.
#4. Sign & Get it Notarized
Both the grantor and grantee must sign the general quitclaim form before the notary public.
#5. File the Quitclaim Deed
Finally, the parties must file the quitclaim deed with the governmental body in charge of the deed registration.
Where to File a Quitclaim Deed in North Carolina
In North Carolina, the parties must file the quitclaim deed with the Register of Deeds according to the property’s location.