The Utah quitclaim deed is a legal document one person, called the grantor, uses to transfer property to another person, called the grantee.
The main advantage of the quitclaim deed over other types of deeds is its simple form. It enables the parties to quickly transfer their property without additional formalities.
However, unlike other forms of deeds, the quitclaim deed doesn’t provide any warranty for the grantee. The grantor simply transfers their interests in the property without guaranteeing that there are no flaws or limitations with the property title.
Therefore, the quitclaim deed is mostly used for transactions between family members and trusted parties.
Quitclaim Deed Important Laws & Requirements in Utah
Laws & Requirements
Statute: U.C.A. 1953, § 57-1-13
Signing requirements: Guarantor's signature must be acknowledged by the Notary Public. (§ 57-3-101)
Recording: Parties must submit the finalized quitclaim deed to the County Recorder’s Office according to the location of the property.
Recording fees: $40. (§ 17-21-18.5(1)(b))
Additional documents: Water Rights Addendum. This document must be attached to every quitclaim deed, even if there are no rights to water on the property.
When to Use a Quitclaim Deed in Utah
The lack of warranties and the simple form make the general quitclaim form a suitable solution for the following legal actions.
#1. Title Modifications
The grantor can use the quitclaim deed to make changes and modifications to the text of the property title. They usually do so to fix the error in the text (misspelled name or wrong date), to add or remove certain information, or to update the existing information in the title.
The grantor can also use the quitclaim form to easily add or remove people from the property title.
#2. Property Transfer
The parties mostly use the general quitclaim form for the property transfer. However, it should be used only between trusted parties and family members. This is due to the lack of buyer protection the quitclaim deed offers.
If the property title has certain limitations or there are additional claims against the property title, the grantor cannot be found liable.
#3. Living Trust Transfer
In this legal action, the grantor will issue a quitclaim deed to transfer their property to their living trust. Besides making a will, this is the most commonly used method of transferring property to loved ones during someone's lifetime.
Considering that only one person is involved in such a transaction, there is no need for additional warranties, which makes the quitclaim deed a perfect solution.
How to Create a Quitclaim Deed in Utah
#1. Fill Out The Form
Firstly, enter the date of the transaction and the 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, registration numbers, type of legal entity, and mailing addresses.
#2. Add the “Note Consideration”
This section should include information about the property value the grantee has to transfer to the grantor to obtain the property. The property can be transferred with or without consideration (as a gift).
The consideration can be the transfer of money, default on debt, providing certain services, or any other kind of value.
#3. Write the Legal Description
The legal description usually includes the plot number, section, township, block, street address, and other information the parties can use to individualize the property. In some situations, parties will also provide a description of the property boundaries.
#4. Sign & Get it Notarized
The grantor must sign the quitclaim deed before the notary public
#5. File the Quitclaim Deed
The parties must submit the quitclaim deed to the agency authorized for the deed recording.
Where to File a Quitclaim Deed in Utah
The unrecorded quitclaim deed is void against any subsequent purchasers. Therefore, the pirates must submit their finalized quitclaim deed to the County Recorder’s Office for recording.