South Carolina Quitclaim Deed Form

The South Carolina quitclaim deed helps you transfer or share out property rights without involving a lawyer. In this brief overview of the form, you will find answers on how to fill out the document, where to apply, and learn about when you should choose the quitclaim deed over other related forms.

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Quitclaim Deed Laws and Requirements in South Carolina

Residents of the South Carolina state may transfer the right to dispose of movable and immovable property to other individuals or legal entities. Quitclaim deed allows them to do this deal with minimal time. The key legal aspect of this document is that it does not require verification of the title of the transferred object when transferring property rights. This means that the document does not clarify such significant points as the possible seizure, pledge of property, and other encumbrances. Therefore, the South Carolina quitclaim deed is used primarily to change the nature of ownership between relatives. Here are the typical situations where the sue of a quitclaim deed is appropriate:

  • Adding a child or a spouse to the list of property owners
  • Removing one spouse from this list after divorce and dividing the property between the former spouses
  • Other cases of changing the list of participants in joint property ownership

The use of quitclaim deed forms in South Carolina has three steps:

  1. Filling out the form according to the US law and local state law
  2. Notary certification of the document
  3. Sending a notarized paper to the County Recorders of Deeds

Let’s look at each point in detail, including the laws that govern the use of the document.

Laws

The South Carolina Code of Laws regulates quitclaim deeds. The order of action of the deed is determined by Title 30 (Public Records), Chapter 5, and Title 27 (Property and Conveyances), Chapter 7. These sections set the wording of the document, the procedure for registering an application to the administrative authorities, and the general use of the paper.

Signing Requirements

By law, the South Carolina quitclaim deed form must be signed in the presence of a notary public and at least two credible witnesses. The form can be signed in the presence of one witness if the notary public agrees to act as the second witness.

Recording Requirements

Registration of quitclaim deed form takes place centrally. After the form is completed, signed, and notarized, it must be recorded at the County Recorders of Deeds. This is a government office that records the status of property ownership, especially real estate, to residents of South Carolina and other US regions.


Format Requirements

As we have noted, quitclaim does not provide for checking the title of a piece of property. If you are in doubt about the title, it is advisable to use the South Carolina Warranty Deed. This latter is aimed at checking the title of the property and will always show the encumbrance or pledge of the object if any.

Fees

When recording a quitclaim deed, be prepared to pay the fee. Usually, the person transferring the property is responsible for the fee, but sometimes the new owner has a secondary responsibility. Each county in South Carolina has a different filing fee for quitclaim deed forms, so the tax should be specified.

How to Fill Out and File a Quitclaim Deed in South Carolina

The general outline of the fillable quitclaim deed form is simple. There is the grantor or the seller (the one giving away rights to the property, and the grantee or the buyer, the one who receives these rights. There is also a notary public and two witnesses (or one if the second witness is a notary).

To save you from being confused by the format, we have prepared a short but comprehensive guide for filling the form out. Here are the key points:

1. Identify the Grantee

Write the name and address of the grantee.

2. Add the Return Letter Address

Write the address where the return letter will be sent (usually the name and address of the grantee).

3. Name the County

Specify the county of South Carolina where the transferred estate is located.

4. Input the Sum

Enter the exact amount of money paid for the property, first in words, then in numbers.

5. Specify the Grantor

Enter the name and address of the grantor, and then the word “grantor.”

6. Do the Same for the Grantee

7. Repeat Point 3

8. Describe the Object

Provide a legal description of the property.

9. Add Signatures

Sign the paper in the presence of a notary and witnesses. Have the witnesses sign the document.

10. Submit the Document

Send the form and attachments to the County Recorders of Deeds.

Published: Apr 29, 2021