How do I file a quitclaim deed in Indiana?

1. Quitclaim vs Warranty Deed

Indiana quitclaim (Ind. Code § 32-17-1-5) conveys the grantor's interest only. A warranty deed (§ 32-17-1-2) carries warranty covenants; a special warranty deed warrants only against grantor's acts.

2. Common Uses

Divorce, interspousal transfers, gifts to family, trust funding, removing an ex-spouse, clearing potential heir interests, transfer-on-death (Ind. Code § 32-17-14) is recognized as alternative.

3. Execution Formalities

Ind. Code § 32-21-1-13 — deed must be in writing, signed by the grantor; § 32-21-2-3 — must be acknowledged before a notary for recording. No subscribing witnesses required.

4. Required Contents

Grantor and grantee names with addresses (grantee mailing address required by § 32-21-2-3), legal description, parcel ID, words of conveyance ("does hereby quitclaim"), consideration recital. Sales Disclosure Form (Form 46021) required per § 6-1.1-5.5.

5. Recording

County Recorder where the land sits (Ind. Code § 32-21-4-1); recording fee $25 for a deed (post-2017 flat fee). Before recording, present to County Auditor for endorsement and tax-parcel transfer.

6. Transfer Tax

Indiana has NO state real estate transfer tax. Only the Sales Disclosure Form filing fee ($10-$20 depending on county) and the recording fee apply.

7. Title Insurance Limits

IN title insurers typically decline to insure based on a recent quitclaim without curative work.

8. Pitfalls

Quitclaim doesn't release mortgage liability; due-on-sale risk; Garn-St. Germain (12 U.S.C. § 1701j-3) shields qualifying family transfers. Failure to file Sales Disclosure can result in $100+ penalty.

9. Special Local Rules

Indiana Sales Disclosure Form must accompany most transfers (exemptions include divorce and gift transfers under § 6-1.1-5.5-2).

This is legal information, not legal advice.