The Wisconsin quitclaim deed is a legal document one party, called the grantor, uses to transfer property to another party, called the grantee.
The main advantage of the quitclaim deed over other forms of deeds is its simple form. However, the quitclaim deed doesn’t provide a warranty to the grantee that the property is free of any limitations that will affect their ownership.
Therefore, it is mostly used between trusted parties and family members who want to transfer the property without additional formalities.
The quitclaim deed is also known as the no warranty deed or the deed without the warranty.
Quitclaim Deed Important Laws & Requirements in Wisconsin
Laws & Requirements
Signing requirements: The grantor’s signature must be acknowledged before the notary public. (§ 706.06)
Recording: The parties must submit the finalized quitclaim deed to the County Register of Deeds for recording.
Recording fees: $30 regardless of the number of pages. (§ 59.43(2)(ag)(1))
When to Use a Quitclaim Deed in Wisconsin
The simple form and lack of warranty make the general quitclaim form a suitable solution for the following legal activities.
#1. Title Modifications
The grantor can use the quitclaim deed to make modifications to the property title.
They can make changes to the title for the following reasons:
Quitclaim Deed Title Alteration
To fix the errors in the text of the title (misspelled name, wrong date, etc.)
For updating the information in the title
To add or remove the people from the title
#2. Property Transfer
The Wisconsin quitclaim deed is, however, mostly used for transferring the property. Its simple form makes the transferring process easier compared with the transfer with a warranty and a special warranty deed.
However, the quitclaim deed lacks a warranty for the grantee. By signing the quitclaim deed, the grantor only transfers their interests in the property without providing a warranty that there are no limitations in the property title that will affect the grantee’s ownership. Therefore, the grantee should always check the property title before the transfer.
#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 transaction, there is no need for additional warranties, which makes the quitclaim deed a suitable solution.
How to Create a Quitclaim Deed in Wisconsin
#1. Fill Out The Form
Firstly, provide the most important details about the grantor and grantee, such as their first and last names, mailing addresses, and marital status.
If the parties are legal entities, enter their registered names, registration numbers, mailing addresses, and type of legal entity.
#2. Add the “Note Consideration”
The note consideration includes information about the property value the grantee owes to the grantor for transferring the property. The consideration can be the transfer of money, default on debt, the provision of certain services, or any other type of value.
#3. Write the Legal Description
This section includes the information that helps the parties individualize the property, namely the plot number, section, township, block, street address, and other information. Moreover, the legal description should also include information on any limitations and claims in the property title.
#4. Sign & Get it Notarized
The grantor should sign the quitclaim deed before the notary public.
#5. File the Quitclaim Deed
Finally, the parties should submit the quitclaim deed to the governmental body authorized for deed registration.
Where to File a Quitclaim Deed in Wisconsin
In Wisconsin, the parties should register the quitclaim deed with the County Register of Deeds.