Free Delaware Quitclaim Deed Form

A Delaware quitclaim deed is a written form of deed that transfers the owner's interest in real estate to a new owner. Under the Delaware Code, a deed passes the interest the grantor could lawfully convey.[2.1] A quitclaim deed makes no promise that the title is clear. People often use quitclaim deeds to transfer property between relatives or spouses, or when both sides already trust the title.

Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Delaware law. If you notice an error or outdated information, please contact us.

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Quitclaim Deed Laws and Requirements in Delaware

Deeds in Delaware fall under Title 25 of the Delaware Code, Chapter 1. Those sections cover how a deed transfers ownership of property, how it is acknowledged, where it is recorded and what address it must carry.

Effect of a Delaware Deed

Section 121 of the 25 Del. C. sets out a statutory form of deed. A deed in that form, signed and acknowledged, passes the interest the grantor could lawfully convey, unless it is restricted or limited.[2.1]

A deed in the form prescribed in subsection (a) of this section, duly executed and acknowledged, unless otherwise restricted or limited, or unless contrary intention appears therein, shall be construed to pass and convey to the grantee therein and to the grantee's heirs and assigns the fee simple title or other whole estate or interest which the grantor could lawfully convey in and to the property therein described together with the tenements, hereditaments, franchises and appurtenances thereunto belonging, and the reversions and remainders, rents, issues and profits thereof.
25 Del. C. § 121

In plain words, the grantor is the owner who signs and the grantee is the person who receives ownership. The statutory form:

  • passes the fee simple title or other whole interest that the owner could lawfully convey
  • reaches the grantee and the grantee's heirs and assigns
  • may also be written in words to the same effect

The Words "Grant and Convey"

Section 121 also gives the words "grant and convey" a set meaning in any Delaware deed.[2.1]

The words "grant and convey" in any deed shall, unless specifically restricted or limited operate as a special warranty against the grantor and the grantor's heirs and all persons claiming under the grantor or them.
25 Del. C. § 121

In plain words, those words carry a promise from the owner who signs unless the deed says otherwise. The FormsPal form uses the words "remises, releases, and quit claims". Its paragraph on page 2 states that the property is quit claimed without warranty.

Acknowledgment Requirements

Under Section 151 of the 25 Del. C., a deed concerning land must be acknowledged or proved. The acknowledgment or proof must also be certified as the chapter provides.[1.1] To acknowledge a deed means to confirm formally that you signed it.

In practice, many people do this before a notary public. The FormsPal form includes a notary block on page 5.

Recording Requirements

Section 153 of the 25 Del. C. says a deed concerning land has priority from the time it is recorded in the proper office. The time it was signed, sealed and delivered does not matter.[1.2] In plain words, the recording date sets the place in line, not the signing date.

In practice, people file the signed and acknowledged deed with the recording office in the county where the property is located.

The Grantee's Address

Under Section 133 of the 25 Del. C., anyone leaving a deed for record must place the address of the grantee on the deed or attach it to the deed. The address is required for recording.[2.2] On the FormsPal form, write the mailing address on the line after the grantee's name.

A quitclaim deed makes no promise about the title. Many buyers order a title search before they accept a transfer of ownership, because the deed says nothing about liens or other claims on the property.

How to Fill Out and File a Quitclaim Deed in Delaware

Use the FormsPal Delaware quit claim deed form by working through its blanks in the order they appear. The form runs five pages, and page 3 is blank. Gather the details below first, then follow the numbered parts to complete the transfer on paper.

Gather these details before you start:

  • The full names and mailing addresses of the grantor and the grantee, spelled the way they should appear.
  • The county, the state and the address of the property.
  • The parcel ID and the legal description of the property. The legal description usually appears in the previous deed or in the local land records, and the form calls it Exhibit A.
  • The date of the transfer, and whether the form states a dollar amount or a gift.
  • A notary for the acknowledgment on page 5.

After you download the PDF, you can fill it in on screen with our PDF editor or print it and write by hand.

  1. Prepared By (p. 1). Enter the name and address of the person who prepared the deed at the top of the page.
  2. After Recording Return To and Tax Parcel Number (p. 1). Enter the name and address where the recorded deed should go, then the Tax Parcel Number. Leave the recorder's space blank.
  3. Date and consideration (p. 1). Fill in the day, month and year. Then check the valuable consideration box and write the dollar amount, or check the gift box.
  4. Grantor (p. 1). Print each grantor's name, then the address on the "whose address is" line.
  5. Grantee (p. 1). Print the grantee's name after "unto", then the grantee's address.
  6. Property (pp. 1 and 2). Enter the county, the state and "known as" on page 1, then the Parcel Id on page 2. The form refers to an Exhibit A for the legal description, so have one ready to attach.
  7. No-warranty and subject-to paragraphs (p. 2). There is nothing to fill in here. Read both paragraphs before you sign.
  8. Grantor signature and witnesses (p. 4). Each signer uses the Grantor line and completes the By, Printed Name and Title lines. Each signature block has two Witness lines.
  9. Notary acknowledgment (p. 5). Sign before the notary in the acknowledgment on page 5. The notary completes the block, and the second block is for a second signer.

Once the deed is signed and acknowledged, record it as described in the recording section above.

Frequently Asked Questions

The answer below comes from the Delaware Code sections cited earlier on this page. It describes what the statute says about the deed itself, and it does not cover taxes, fees or the rules in any other state.

What Is a Quitclaim Deed?

A quitclaim deed passes whatever interest the owner has in the property described to the grantee. In Delaware, a deed in the statutory form passes the interest the grantor could lawfully convey. Unless the deed restricts or limits them, the words "grant and convey" act as a special warranty against the grantor.[2.1] To record a deed, the grantee's address must be placed on the deed or attached to it.[2.2]

General information, not legal or tax advice.

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Sources

  1. 25 Del. C. 151 25 Del. C. 151 to 25 Del. C. 153.
    • 1.1 25 Del. C. 151
    • 1.2 25 Del. C. 153
  2. 25 Del. C. §§ 121 to 133.
    • 2.1 § 121
    • 2.2 § 133
Published: Aug 13, 2024
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.