The Ohio quitclaim deed is a legal document used for property transfers. The main parties to this document are the party transferring the property, called the grantor, and the party obtaining the property, called the grantee.
The main feature of the quitclaim deed, compared to other types of deeds, is its simple form. This enables the parties to transfer the property quickly and without excessive formalities.
On the other hand, the quitclaim deed doesn’t provide warranties for the grantee. This means that the grantor can transfer the property without providing a guarantee that they are authorized to do so and that there are no flaws or restrictions with the property title.
Quitclaim Deed Important Laws & Requirements in Ohio
Laws & Requirements
Statutes: § 5302.11
Signing requirements: The grantor must sign the quitclaim deed before the notary public or other body authorized for such acknowledgments. (§ 5301.01(A))
Recording: The parties must submit the quitclaim deed to the County Recorder according to the location of the property.
Recording fees: $34 for the first two pages and $8 for each additional page. (§ 317.32(A)(1))
Additional documents: Residential Property Disclosure Form - If transferring residential property, the grantor must issue this statement and give it to the grantee. This disclosure should contain a description of the property’s condition.
When to Use a Quitclaim Deed in Ohio
The features of the quitclaim deed (simple form and lack of warranties) make it a suitable solution for property transfers and other kinds of legal activities.
#1. Title Modifications
The grantor can use this type of deed to make changes to the property title due to an error in it or when some information must be updated. Additionally, the grantor can use the quitclaim deed to clear the title or add or remove people from the title.
#2. Property Transfer
The simple form makes the quitclaim deed one of the fastest ways to transfer the property.
However, the quitclaim deed doesn’t provide warranties for the grantee. Therefore, the grantee should always check the property title and make sure there are no restrictions before making the transfer.
#3. Living Trust Transfer
The grantee can use the general quitclaim form to transfer their property to their living trust. The quitclaim deed is the suitable solution for such transfers since there is no need for additional warranties.
How to Create a Quitclaim Deed in Ohio
#1. Fill Out The Form
Firstly, provide the details of the grantor and grantee, such as their names, mailing addresses, and marital status.
The quitclaim deed should also include the statement “for valuable consideration paid” and the vesting. Vesting provides information on how the grantee will hold the property title. It is usually sole ownership or co-ownership.
#2. Add the “Note Consideration”
This section provides the value the grantee owes to the grantor for transferring the property.
The consideration can be in the form of:
Forms of Consideration
Default on debt
Providing certain services
Other forms of value
#3. Write the Legal Description
The Ohio quitclaim deed must have a complete legal description of the property. It contains all the details that will help the parties individualize the transferred property. This usually includes the property plot number and the address. In some cases, the parties will include a description of the property’s boundaries.
The best way to find the precise legal description of the property is to look at the property title and a previous deed or consult the county auditor.
#4. Sign & Get it Notarized
The grantor must sign the deed before the notary public.
#5. File the Quitclaim Deed
The parties must file the general quitclaim form with the party in charge of the deed registration.
Where to File a Quitclaim Deed in Ohio
In Ohio, the parties should file the quitclaim deed with the County Recorder.