Delaware Quitclaim Deed Form

Quitclaim Deed Laws and Requirements in Delaware

The legal framework governing quitclaim deeds revolves around Delaware Code Title 25, Chapter 1.

Signing Requirements

Under Section 122 of the Delaware Code, a quitclaim deed requires the grantor’s signature (the party transferring the property) and must be officially acknowledged by a notary public. Additionally, in certain circumstances, the deed may be validated in the Superior Court in the presence of one or more witnesses.

Additional Forms to Submit

Delaware law requires the submission of an Affidavit of Residence (Form 5402) along with the quitclaim deed. The purpose of the affidavit is to verify the residency status of the persons involved in the transaction, ensuring all tax and legal implications are properly managed.

Filing Requirements

Per Section 154 of the Delaware Code, once a quitclaim deed is duly acknowledged or proven and such acknowledgment or proof is duly certified, the deed must be recorded. Recording can occur at any time in the county office where the property is located.

Format Requirements

All quitclaim deeds in Delaware must include certain formal elements to be considered valid:

• The full names and addresses of both the grantor (seller) and the grantee (buyer).
• A complete and precise legal description of the property being transferred.
• The signature of the grantor (must be acknowledged as per the state’s requirements).
• A statement of consideration representing the value exchanged for the transfer.

Title 25, Section 121 of the Delaware Code offers guidance on the proper format for drafting a quitclaim deed.

How to Fill Out and File a Quitclaim Deed in Delaware

Completing and submitting a quitclaim deed in Connecticut is a simple procedure, but you must pay close attention to detail to meet all legal criteria:

1. Fill in the name and address of the individual preparing the quitclaim deed at the top of the form where it says “Prepared By.”
2. Print the full legal names and addresses of both the grantor (the person transferring the property) and the grantee (the person receiving the property).
3. Accurately include the legal description of the property as listed in prior deeds. This description is typically found in previous property documents or the local land records office.
4. Indicate the amount of money being exchanged for the property, if applicable. It should also be clearly stated if the property is transferred without a financial transaction (e.g., as a gift).
5. The grantor must sign the deed in the presence of a notary public. The form will also have spaces for witnesses.
6. The notary public must acknowledge that the grantor signed the deed. This section includes the notary’s signature, seal, and the date of notarization.

Once all sections of the quitclaim deed are completed and signed, the document must be filed with the county office where the property is located. Applicable recording fees vary by location, so it is advisable to check in advance.

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