A Louisiana quitclaim deed is a legal document used to quickly transfer property ownership without guaranteeing that the title is clear and free of claims. It’s different from warranty deeds used in other states, where the seller guarantees the title against prior liens and encumbrances.
In Louisiana, quitclaim deeds are commonly used between family members in divorce settlements to convey marital property to one spouse or to resolve title issues. They are not typically used in transactions where the buyer expects a clear title guaranteed by the seller.
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When executing a deed form in this state, you must comply with specific legal requirements outlined in the Louisiana Civil Code.
Louisiana recognizes quitclaim deeds as a valid form of transferring property without guarantees regarding the title’s clarity. According to Louisiana Civil Code Art. 1839, a transfer of immovable property must be executed either by an authentic act or an act under private signature. However, an oral transfer may be considered valid between parties if the property has been delivered and the transferor acknowledges the transfer under oath.
As per Art. 1833 of the Louisiana Civil Code, an authentic act requires execution before a notary public or another authorized officer in the presence of two witnesses. Each party involved in the transaction must sign the deed, the witnesses, and the notary. The names of all signatories must be printed or typed beneath their signatures. If a party cannot sign, a notary must assist in affixing a mark to the document, ensuring the act’s validity.
Under Art. 3346 and Art. 1839, all instruments concerning the transfer of immovable property must be recorded in the conveyance records of the parish where the property is located.
Louisiana law specifies the content that must be included in instruments of property transfer to ensure their completeness and validity. Art. 3352 mandates that the instrument contain pertinent details such as the full names, domiciles, and permanent mailing addresses of the parties involved, their marital status, any changes in marital status since the acquisition of the property, and the municipal number or postal address of the property. Additionally, the document must include the identification numbers of the notary or attorney involved in the transaction.
The cost to record a quitclaim deed in Louisiana varies by parish. Generally, fees may include charges for filing, indexing, and preserving the record. Specific fee structures can be found by consulting the local recorder’s office where the property is located.
Below is a comprehensive guide to help you complete and file a quitclaim deed in Louisiana:
Finally, file the completed and notarized deed with the recorder’s office in the parish where the property is located. Ensure you pay any applicable recording fees, which vary by parish.
