A Kentucky quitclaim deed is a legal document that conveys property ownership without any warranties regarding the title’s quality. Parties who know each other, such as family members or close associates, use this form of deed to simplify property transfers where the title history is not in dispute.
Unlike a warranty deed, this option does not provide the grantee with a guarantee against defects. This aspect makes quitclaim deeds risky for purchasers but quick and efficient in cases where speed is in the first place. In Kentucky, quitclaim deeds are straightforward in execution but must adhere to specific legal requirements to ensure validity.
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The legal framework for quitclaim deeds is outlined primarily in the Kentucky Revised Statutes, particularly Chapter 382 (Conveyances and Encumbrances).
A quitclaim deed must be signed by the grantor for it to be valid in Kentucky. Also, Section 382.130 specifies that all deeds must be signed in front of two witnesses or a notary public.
Alongside the quitclaim deed, additional forms may be required for recording (Section 382.135). This includes a notarized Consideration Certificate reflecting the consideration paid for the property or stating that the transfer is a gift. This form must be signed by the grantor and grantee or their authorized agents.
According to Section 382.110, all quitclaim deeds must be recorded in the county clerk’s office where the property is located.
Per Section 382.135, a quitclaim deed must include several key pieces of information to be considered compliant:
These requirements help clarify the terms of the property transfer and ensure that all parties are adequately informed.
Recording a quitclaim deed in Kentucky incurs a fee, which varies by county (minimum $50). These fees are essential for the processing and maintenance of public records. Parties should contact their local county clerk’s office to determine the exact fee and any additional costs.
Below are the steps to guide you through this process, reflecting the requirements highlighted in the Kentucky Revised Statutes.
Complete the Quitclaim Deed Form
Begin by accurately filling out the quitclaim deed form. Enter the names and addresses of the grantor (the person transferring the property) and the grantee (the recipient of the property). Then, specify the transfer date and the consideration amount or indicate that the property is being transferred as a gift.
Include the Legal Description of the Property
This information can be found in previous deed documents or obtained from the county recorder’s office. The legal description must include the Parcel ID and other relevant details defining the transferred property.
Signatures and Notarization
The grantor must sign the quitclaim deed in the presence of two neutral witnesses (i.e., they have no interest in the transaction). The deed must be notarized after the grantor and the witnesses have signed. A notary public will verify the identities of all signing parties, including the witnesses, and affix a notarial seal to the document.
Prepare Additional Required Documents
Prepare a Consideration Certificate, which discloses the financial details of the property transfer, as mandated by Section 382.135 of the Kentucky Revised Statutes. If the property transfer is a gift, this should be clearly stated along with the property’s estimated value.
Pay Applicable Fees
Determine the recording fee required by the local county clerk’s office. Verify these costs beforehand to ensure all fees are paid when filing.
Record the Quitclaim Deed
Submit the completed quitclaim deed and any accompanying documents to the county clerk’s office where the property is located.
