What is a Quitclaim Deed in Ohio?
In Ohio, a quitclaim deed is used to transfer property from an owner (“Grantor”) to the new owner (“Grantee”) without any promises or guarantees about the property’s title or condition. Quitclaim deeds are a quick way to transfer property but they offer the lowest security among real estate deeds in Ohio.
The most common use of quitclaim deeds is between parties with high levels of trust, such as family members or close friends.
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What is the Difference Between a Quitclaim Deed and a Warranty Deed in Ohio?
The main difference between quitclaim deeds and warranty deeds in Ohio is that a quitclaim deed provides less security to the Grantee.
A warranty deed provides legal protection to the new owner because it confirms that the Grantor owns the property and has the right to make a transfer.
Warranty deeds are mostly used for real estate transactions in Ohio. Quitclaim deeds, on the other hand, are typically used for transfers between family and friends.
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How Do Quitclaim Deeds Work in Ohio?
Laws surrounding quitclaim deeds are found in Title 53of the Ohio Revised Code titled Real Property.
A quitclaim deed in Ohio must state that the Grantor is giving up rights to any interest in the property to the Grantee. Once prepared, the quitclaim deed must be filed with theCounty Recorder’s Office.
Can You Prepare Your Own Quitclaim Deed in Ohio?
Youcanprepare your own quitclaim deed in Ohio. A professional drafter isnot legallyrequired.
The name and address of the individual who drafted the deed must be mentioned under “Prepared by.”
Ohio Quitclaim Deed Requirements
For a quitclaim to be legally valid in Ohio, the deed must follow certain state-specific rules.
Formatting Requirements
Formatting requirements for quitclaim deeds in Ohio include:
- Paper size: between letter (8.5 x 11) or legal (8.5 x 14).
- Font size: minimum of 10 points.
- Font color: black or blue ink.
- No highlighting allowed.
- Margins: first page: 3-inch top margin; subsequent pages: 1.5-inch top margin; all other sides: 1-inch margin
- Note: deeds that don’t follow these guidelines will incur a $10 charge.
Content Requirements
Content requirements for quitclaim deeds in Ohio include:
1. Grantor’s name and address.
2. Grantor’s marital status; spouse’s name and address.
3. Grantee’s name and address.
4. Drafter’s name and address.
5. Name and address for property tax statements.
6. English Language.
- Non-English deeds must have a certified translation.
- The translator must sign before a notary.
7. Granting clause – statement describing the transfer the parties have agreed to.
8. Consideration clause – the value or the amount of money exchanged.
9. Property address.
10. Property description.
11. The property’s parcel identification number.
Who Signs a Quitclaim Deed in Ohio?
For a quitclaim deed to be legally valid in Ohio, it must be signed by the Grantor. The Grantor’s name must be printed directly below.
In Ohio,Dower Rightsgrant a spouse a one-third interest in property acquired by their partner during marriage. To fully transfer ownership rights, the spouse must sign either the quitclaim deed or a separate waiver.
The Grantor’s signature must be acknowledged before a notary or an authorized officer in the county where the property is located.
How to File a Quitclaim Deed in Ohio
Here’s how to file a quitclaim deed in Ohio:
1. Prepare the quitclaim deed with the information required.
2. If the Grantor is married, ensure that a spousal waiver of dower rights has been signed in the provided form or attached.
3. Once the quitclaim deed is signed, ensure that it is acknowledged before an authorized officer.
4. The Grantor must submit one of the following two forms to the county Auditor for review, and the Auditor must approve the form before recording the deed:
- Real Property Conveyance Fee Statement of Value and Receipt (DE100)
- Statement of Reason for Exemption From Real Property Conveyance Fee (DTE 100EX)
5. File the quitclaim deed, along with the relevant information with theCounty Recorder’sOffice.
How Much Does it Cost to File a Quitclaim Deed in Ohio?
In Ohio, the minimum charges for filing a deed are as follows:
1. The county recorder’s fees to file a quitclaim deed in Ohio are as follows:
- Fees for deeds up to two pages is $34.
- Each extra page is charged $8.
- Each marginal notation is charged $4.
2. Auditor’s Service Fee.
The county auditor charges a fifty-cent ($0.50) fee for transferring ownership of real estate within the auditor’s records
What Taxes Are Owed on Quitclaim Deeds in Ohio?
The transfer of a property through a quitclaim deed triggers the following transfer tax, also known as aConveyance Feein Ohio:
- State Transfer Tax fee is calculated at $1 for each $1,000 of the property’s value.
- County Transfer Tax is calculated at a rate of $3 per $1,000 of the value of real estate transferred via deed, lease, or other written agreement.
In Ohio, many transfers that are generally filed under quitclaim deeds are tax-exempt, including:
- Corrections of recorded deeds.
- Gifts between spouses, parents, and children.
- No money or valuable consideration is involved.
- Certain transfers related to family matters.
- Property sold to a surviving spouse.
- Trust-related transfers.
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How Long Does a Quitclaim Deed Take to be Recorded in Ohio?
The length of time to record a quitclaim deed in Ohio can vary significantly based on county-specific processes, procedures, and population. Typically, it can take anywhere from a few days to a few weeks.
What Happens After a Quitclaim Deed is Recorded in Ohio?
Once the quitclaim deed is signed and filed in Ohio, the county will process the document.
If the deed is clear of any previous filings, a public record of the transfer of the property ownership will be made official.
How Long Are Quitclaim Deeds Valid For in Ohio?
There is no expiration for a quitclaim deed in Ohio. However, the statute of limitations to recover the title to a property in Ohio is 21 years.
Sources
- 1 OH Stats Section 5302.11
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A deed in substance following the form set forth in this section, when duly executed in accordance with Chapter 5301. of the Revised Code, has the force and effect of a deed in fee simple to the grantee, the grantee’s heirs…
Source Link - 2 OH Stats Section 5302.05
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General warranty deed form. A deed in substance following the form set forth in this section.. has the force and effect of a deed in fee simple to the grantee, the grantee’s heirs, assigns, and successors, to the grantee’s and the grantee’s heirs’, assigns’, and successors’ own use..
Source Link - 3 OH Stats Section 317.111
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Name of preparer to appear on instrument. “No instrument by which the title to real estate or personal property, or any interest therein or lien thereon, is conveyed, created, encumbered, assigned.. unless the name of the person who.. prepared the instrument appears upon the instrument..”
Source Link - 4 OH Stats Section 317.114
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Standard format of instruments to be recorded. (A) Except as otherwise provided in divisions (B) and (C) of this section, an instrument or document presented for recording to the county recorder shall have been prepared in accordance with all of the following requirements:
Source Link - 5 OH Stats Section 317.113
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The county recorder shall not accept for recording a deed or other instrument in writing that is executed or certified in whole or in part in a language other than the English language… The translator shall sign and acknowledge the translation of the deed… or a notary public.
Source Link - 6 OH Stats Section 2103.02
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Dower. A spouse who has not relinquished or been barred from it shall be endowed of an estate for life in one third of the real property of which the consort was seized as an estate of inheritance at any time during the marriage.
Source Link - 7 OH Stats Section 5301.01
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Acknowledgment of deed, mortgage, land contract, lease or memorandum of trust… The signing shall be acknowledged by the grantor.. notary public, or mayor, who shall certify the acknowledgment and subscribe the official’s name to the certificate of the acknowledgment.
Source Link - 8 OH Stats Section 317.22
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Prerequisites to recording. No deed of absolute conveyance of land or any conveyance, absolute or otherwise, of minerals or mineral rights shall be recorded by the county recorder until: (A) The conveyance presented to the county recorder…
Submitting statement declaring value of real property transferred. Before the county auditor indorses any real property conveyance or manufactured or mobile home conveyance presented to the auditor pursuant to section 319.20 of the Revised Code..
Source Link - 9 OH Stats Section 317.32
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OH Stats Section 317.32
Recording fees. The county recorder shall charge and collect the following fees, to include, except as otherwise provided in division (A)(2) of this section..Ohio Recorders Association
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Notice of Statewide Recording Fee changes due to legislative changes..county recorder table of fees, Recording fees for the following documents: $34.00 for the first TWO pages and $8.00 for each additional - 10 OH Stats Section 319.54
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Fees to compensate for auditor’s services. (G) (2) For the transfer or entry of land, lot, or part of lot, or the transfer or entry on or after January 1, 2000, of a used manufactured home or mobile home as defined in section 5739.0210 of the Revised Code, fifty cents for each transfer or entry, to be paid by the person requiring it;
Source Link - 11 OH Stats Section 322.02
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Real property transfer tax. (A) For the purpose of paying the costs of enforcing and administering the tax and providing additional general revenue for the county, any county may levy and collect a tax to be known as the real property transfer tax on each deed..
Rates: The conveyance fee consists of two parts. A statewide mandatory tax of 1 mill ($1 per $1,000 dollars of the value of property sold or transferred) applies in all 88 of Ohio’s counties. In addition, counties may also impose a permissive real property transfer tax of up to 3 additional mills…
Source Link - 12 OH Stats Section 319.54
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(G) (3) For receiving statements of value and administering section 319.202..except no fee shall be charged when the transfer is made: (a) – (y)
Source Link - 13 OH StatsSection 2305.04
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Recovery of real estate.An action to recover the title to or possession of real property shall be brought within twenty-one years after the cause of action accrued,
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