Louisiana Quitclaim Deed Form

Quitclaim Deed Laws and Requirements in Louisiana

The Louisiana Civil Code covers a quitclaim deed in four places. Article 2502 says what a transfer without warranty does. Article 1839 sets how a transfer of immovable property is made. Article 3338 covers recording, and article 3352 lists what the deed must show about the parties. For the general idea of the document, see our page on quitclaim deeds or browse the other deed form types.

Effect of a Louisiana Quitclaim Deed

Article 2502 of the Louisiana Civil Code is the rule behind the deed. In plain words, the deed passes all of the grantor's right, title and interest in the property it describes, unless the deed limits the grant. It conveys nothing more than the interest the grantor then holds. The statute reads:^[2]

A person may transfer to another whatever rights to a thing he may then have, without warranting the existence of any such rights.

The same article sets out what follows from a transfer made this way:

• The deed implies no covenant or warranty of title.
• The transfer does not give rise to a presumption of bad faith on the part of the transferee, and it is a just title for the purposes of acquisitive prescription.
• The transferor does not owe restitution of the price to the transferee in case of eviction.
• The transfer cannot be rescinded for lesion, the civil-law claim that the price was far below the property's value.
• If the transferor acquires ownership of the thing after having transferred his rights to it, that after-acquired title does not inure to the benefit of the transferee. In plain words, the deed does not pass title the grantor gets later.^[2]

Signing a Louisiana Quitclaim Deed

Under article 1839, a transfer of immovable property (real estate) must be made by authentic act or by act under private signature. An authentic act is executed before a notary public and two witnesses.^[1]

Recording a Louisiana Quitclaim Deed

The Civil Code says the rights and obligations created by the written instruments it lists are without effect as to a third person unless the instrument is registered by recording it in the appropriate mortgage or conveyance records.^[3] In plain words, recording is what protects the deed against third parties.

Names and Addresses in the Deed

Article 3352 says an instrument must contain the full name, domicile (legal home) and permanent mailing address of the parties, when appropriate for its type and nature.^[4]

How to Fill Out and File a Quitclaim Deed in Louisiana

The Louisiana quitclaim deed form follows a fixed order. Page 1 holds the preparer, return address, tax parcel number, date, consideration, grantor, grantee and property. Page 2 holds the Parcel Id and the printed terms. The grantor signs on page 4, and the notary completes the acknowledgment on page 5.

1. Prepared By (page 1). Fill in the Prepared By lines with the name and address of the person who prepared the deed.
2. After Recording Return To and Tax Parcel Number (page 1). Enter the return address and the tax parcel number in the header blocks. Leave the box reserved for the recorder empty.
3. Date and consideration (page 1). Fill in the day, month and year. Then check the box for valuable consideration and write the amount in words and figures, or check the gift box.
4. Grantor (page 1). Write each grantor's full name and the grantor's address.
5. Grantee (page 1). After the words that the grantor quit claims unto, write each grantee's full name and address.
6. Property location (page 1). Fill in the county (parish) and the state where the property is.
7. Parcel Id and legal description (page 2). Enter the Parcel Id. The form puts the legal description on an Exhibit A, so attach one copied from the current deed.
8. Grantor signature and Witness lines (page 4). Each grantor signs on a Grantor line. For a company or trust, use the By, Printed Name and Title lines. Then have both Witness lines under each grantor block signed.
9. Acknowledgment before the notary (page 5). Sign in front of a notary public, who completes the acknowledgment on page 5. There is one acknowledgment block for each grantor.

After the deed is signed and acknowledged, record it in the appropriate mortgage or conveyance records.^[3] You can also fill in the downloaded PDF online with our PDF editor.

Frequently Asked Questions

This answer comes straight from the Louisiana Civil Code cited at the end of this page. It explains what a Louisiana quit claim deed is and what the transfer does and does not carry with it.

What Is a Quitclaim Deed?

A quitclaim deed transfers whatever rights the grantor has in a property, without warranting that those rights exist. The transferor does not owe the price back if the transferee is evicted, and the transfer cannot be rescinded for lesion.^[2]

Other Louisiana Forms
Looking for more Louisiana templates? We provide free forms and simple customization experience to anyone who wants having fewer to none difficulties when confronted with papers.

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General information, not legal or tax advice.

Sources

1. La. Civ. Code art. 1839.
2. La. Civ. Code art. 2502.
3. La. Civ. Code art. 3338.
4. La. Civ. Code art. 3352.

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.