The South Carolina quitclaim deed is a document one person, called the grantor, uses to transfer property to another person, called the grantee.
By signing the general quitclaim form, the grantor simply transfers their interest in the property. The grantor, however, doesn’t provide any warranties that they are authorized to transfer the property or that there are no other claims against the property. Therefore, the grantee should always check the property title to make sure there are no limitations in the title.
The quitclaim deed is also called the deed without the warranty, the no warranty deed, quit claim deed, and more.
Quitclaim Deed Important Laws & Requirements in South Carolina
Laws & Requirements
Statute: Title 27 - Property and Conveyances
Signing requirements: The grantor's signature must be acknowledged by two witnesses and a notary public. (§ 27-7-10 and § 30-5-30)
Recording: The grantor must file the quitclaim deed with the County Register of Deeds, depending on the county where the property is located.
Recording fees: $15. (§ 8-21-310)
Additional documents: Residential Property Condition Disclosure Statement - The grantor must give this statement to any potential purchaser to notify them about the condition of the property.
When to Use a Quitclaim Deed in South Carolina
Due to its features (lack of warranties and simple form), the general quitclaim form is often used for property transfers and other legal activities.
#1. Title Modifications
The grantor can use the South Carolina quitclaim deed to make the modifications to the property title.
They can do so for the following reasons:
Quitclaim Deed Title Alteration
To add or remove the people from the property title.
For updating the information in the title
To clear the title
For correcting the errors in the title
#2. Property Transfer
The South Carolina quitclaim deed is most commonly used for property transfers. Compared to the other types of deeds, the quitclaim deed has the simplest form, which enables the parties to easily transfer the property without additional formalities.
On the other hand, the quitclaim deed doesn’t provide any warranties for the grantee. Therefore, this kind of transfer should be done between trusted parties and family members.
#3. Living Trust Transfer
The grantor can use the South Carolina quitclaim deed to transfer their property to their living trust. Besides making the will, this is the most commonly used way of transferring the property to the grantor’s family members during their lifetime.
How to Create a Quitclaim Deed in South Carolina
#1. Fill Out The Form
Firstly, insert the basic details about the grantor and grantee, such as their full names, mailing addresses, and marital status.
If the parties are legal entities, enter their registered names, types of entities, mailing addresses, and registration numbers.
#2. Add the “Note Consideration”
This section provides information on the value of the property the grantee owes to the grantor. The consideration can be the transfer of money, default on debt, the provision of services, or any other kind of value. The parties can also agree to transfer the property without any consideration (as a gift).
#3. Write the Legal Description
The legal description includes information that helps the parties individualize the property. It can include the section, township, block, map number, plat number, property address, and other information.
The best way to find a precise 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 South Carolina quitclaim deed before the two witnesses and the notary public.
#5. File the Quitclaim Deed
The parties must file the South Carolina quitclaim deed with the governmental body authorized to register deeds.
Where to File a Quitclaim Deed in South Carolina
In South Carolina, the parties must file the quitclaim deed with the County Register of Deeds according to the location of the property.