How do I file a quitclaim deed in Louisiana?

1. Quitclaim vs Warranty Deed

Louisiana is a civil-law jurisdiction and does not natively recognize the common-law "quitclaim." Functionally similar instruments include:

Cash Sale (La. Civ. Code art. 2440) — full transfer with warranty of title (default warranty unless waived per art. 2503).

Act of Donation (art. 1468 et seq.) — gratuitous transfer; requires authentic act.

Act of Cession of Right or Quit-claim Deed without warranty — possible by including an express "without warranty" clause and waiving the warranty of eviction under art. 2503.

2. Common Uses

Divorce/community property partition, interspousal transfers, donations to family, trust funding (Louisiana trusts under R.S. 9:1721 et seq.), succession transfers via Judgment of Possession + ancillary deeds.

3. Execution Formalities

La. Civ. Code art. 1839 — transfer of immovable property must be by authentic act OR by act under private signature duly acknowledged. Authentic Act (art. 1833) requires: notary + TWO witnesses + grantor's signature, all in each other's presence. Private signature deeds need notarization or acknowledgment to be recorded.

4. Required Contents

Grantor and grantee names (with full vital statistics — civil-law style: full legal name, marital status, spouse's name, domicile), legal description, words of conveyance, consideration. Tax assessment number.

5. Recording

Clerk of Court (Recorder of Conveyances) in the parish where the land sits — except Orleans Parish, which has separate Conveyance Office (R.S. 9:2721). Recording fees vary by parish, often $100-$150.

6. Transfer Tax

Louisiana has NO statewide real estate transfer tax. Orleans Parish formerly imposed a Documentary Transaction Tax but it was repealed. Mortgage and conveyance recordation fees only.

7. Title Insurance Limits

LA title insurers typically require a Cash Sale with warranty (not waived) for clean insurability.

8. Pitfalls

A "quit-claim" in LA without express waiver of warranty under art. 2503 may still carry implied warranty of eviction. Doesn't release the seller from mortgage liability; due-on-sale risk; Garn-St. Germain (12 U.S.C. § 1701j-3) shields qualifying family transfers.

9. Special Local Rules

Louisiana civil-law: community property (Civ. Code art. 2336 et seq.) — both spouses must concur on community immovable transfers. Donations of immovables require authentic act (art. 1541).

This is legal information, not legal advice.