How do I file a quitclaim deed in Arizona?
1. Quitclaim vs Warranty Deed
Arizona quitclaim (A.R.S. § 33-402(1)) conveys the grantor's interest only. A warranty deed (§ 33-402(3)) implies the six common-law covenants; a special warranty deed warrants only against grantor's acts.
2. Common Uses
Divorce, interspousal transfers, gifts to family (community property considerations), trust funding, removing an ex-spouse, clearing potential heir interests, beneficiary deed (TOD) alternative recognized under A.R.S. § 33-405.
3. Execution Formalities
A.R.S. § 33-401 — every conveyance of real property shall be in writing and signed by the grantor; § 33-411 — deed must be acknowledged before a notary for recording. No witnesses required.
4. Required Contents
Grantor and grantee names (with marital status — Arizona is a community property state), full legal description, assessor's parcel number, words of conveyance ("does hereby quitclaim"), consideration recital. Affidavit of Property Value (A.R.S. § 11-1133) required unless exempt.
5. Recording
County Recorder where the land sits (A.R.S. § 11-468); recording fee $30 flat per document (post-2018 simplification).
6. Transfer Tax
Arizona has NO state real estate transfer tax — A.R.S. § 11-1134 expressly prohibits counties and municipalities from imposing one. Only the $2 flat fee on the Affidavit of Property Value applies.
7. Title Insurance Limits
AZ title insurers generally won't insure based on a recent quitclaim without curative review.
8. Pitfalls
Quitclaim doesn't release the grantor from mortgage liability; due-on-sale risk; Garn-St. Germain (12 U.S.C. § 1701j-3) shields qualifying family transfers. Community property: both spouses should sign unless the property is verifiably separate.
9. Special Local Rules
Arizona Affidavit of Property Value — must be filed with most non-exempt transfers; failure can result in rejection. Exemptions in A.R.S. § 11-1134(B) include spousal transfers, gifts, and trust funding.
This is legal information, not legal advice.
- Community property with disputed separate-property claim
- Beneficiary deed coordination with quitclaim
- Divorce decree transfer with mortgage
- A.R.S. § 33-402
- A.R.S. § 33-411
- A.R.S. § 11-1134
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.