Quitclaim deeds complete property transfers from one person to another. This type of deed offers no warranty from the seller to the buyer that the title is free and clear of any defects. Because of this, quitclaim deeds are often used between related parties. Quitclaim deeds can be used to add or remove a spouse or ex-spouse from the property title. These deeds can also be used in some states to change a name on the title from a maiden name to a married name. Wisconsin, like all other states, has certain requirements to legally file a quitclaim deed.
Things You'll Need
- Quitclaim deed
- Parties involved
- Notary public
- Internet access
Contact an attorney to offer legal advice and to prepare the quitclaim deed. A Wisconsin attorney will be able to prepare the deed to meet recording requirements for the state.
Review the prepared quitclaim deed for any errors in spelling of names, or description of the property. If both parties involved agree that the deed is correct, it can be signed.
Execute the quitclaim deed. Generally only the grantor, or seller, needs to sign the deed. A notary public must witness and notarize the deed after the grantor signs.
Complete a WI Real Estate Transfer Return form. The form can be found on the WI Department of Revenue website. Once the form is completed electronically, print the receipt page.
Submit the deed to the Register of Deeds in the county where the property is located. The Register will charge a fee to record the deed. This fee can generally be paid by cash or check. The receipt page from the Transfer Return form should be submitted to the Register at the time of recording.
Obtain a certified copy of the quitclaim deeds for your records. The original deed will be returned to the new owners.
Tips & Warnings
- Because quitclaim deeds are generally not used to convey ownership after the sale of a property, an attorney may not be needed to prepare every quitclaim deed. There are many reputable online services where standard quitclaim deed forms can be purchased to meet state requirements.
- If the deed does not meet all recording requirements, the register will reject the deed. You must then make the corrections and resubmit it for recording. Make sure that the deed is in recordable format before presenting it to the Register.
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