The Tennessee quitclaim deed is a legal document used for property transfers. The main parties to the quitclaim deed are the grantor, the person who transfers the property, and the grantee, the person who becomes the new owner of the property.
The quitclaim deed is mostly used for its simple form. It enables the parties to transfer the property without additional formalities.
However, unlike other forms of deeds, the quitclaim deed doesn’t provide any warranties for the grantee. Therefore, it is mostly used for transfers between trusted parties and family members rather than property sales.
Quitclaim Deed Important Laws & Requirements in Tennessee
Laws & Requirements
Statute: Title 66 – Property
Signing requirements: The grantor must sign the quitclaim deed before the notary public or at least two witnesses. (§ 66-22-101)
Recording: The parties must submit the signed quitclaim deed to the County Register of Deeds for registration.
Recording fees: $12 for the first two pages and $5 for each additional page. (§ 8-21-1001)
Additional documents: Property Disclosure Statement. The property owner must give this document to any potential buyer, disclosing all the known issues with the property.
When to Use a Quitclaim Deed in Tennessee
Due to its unique features, the general quitclaim form can be used in the following situations.
#1. Title Modifications
The grantor can use the quitclaim deed to make changes and modifications to the property title.
The modifications can be made for the following reasons:
Quitclaim Deed Title Alteration
To fix the error in the title (misspelled name, wrong date, etc.)
For updating the information in the title
To clear the title
To add or remove the people from the title
#2. Property Transfer
However, the quitclaim deed is mostly used for transferring the property. The main features of the quitclaim deed are not only its simple form but its lack of warranty as well.
By signing a quitclaim deed, the grantor only confirms that they will transfer all of their interests in the property to the grantee without actually giving any warranties that they are authorized to transfer the property.
Therefore, the quitclaim deed is mostly used in situations where there is no need for warranties, like property transfers between trusted parties or family members.
#3. Living Trust Transfer
The grantor can also use the general quitclaim form to transfer their property to their living trust. Considering that there is only one person involved in the transfer, there is no need for any warranties, which makes the quitclaim deed a suitable solution.
How to Create a Quitclaim Deed in Tennessee
#1. Fill Out The Form
Insert the date of the property transfer and the most important details about the grantor and grantee. This includes their full names, mailing addresses, and marital status.
#2. Add the “Note Consideration”
This section provides information on the value the grantee owes to the grantor for transferring the property. The parties can transfer the property with or without consideration (as a gift).
The consideration can be arranged as the transfer of money, default on debt, providing certain services, or any other kind of value.
#3. Write the Legal Description
The legal description provides all the information necessary for the parties to individualize the property. It usually includes the plot number and the property’s address. In some cases, the parties will also describe the property’s boundaries.
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 quitclaim deed before the notary public or at least two witnesses.
#5. File the Quitclaim Deed
The parties must submit the signed quitclaim deed to the governmental body authorized for deed registration.
Where to File a Quitclaim Deed in Tennessee
In Tennessee, the parties must submit the quitclaim deed to the County Register of Deeds according to the location of the property.