How do I file a quitclaim deed in Maryland?

1. Quitclaim vs Warranty Deed

Maryland quitclaim (Md. Real Prop. § 4-104) conveys whatever interest the grantor has. A warranty deed (§ 2-105) carries the statutory 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.

3. Execution Formalities

Md. Real Prop. § 4-101 — deed must be in writing and signed by the grantor; § 4-202 requires acknowledgment for recording. Maryland uniquely requires attorney certification (Md. Real Prop. § 3-104(f)) — the deed must include a statement that it was prepared by an attorney admitted in Maryland or under the supervision of one, OR by a party to the deed. No subscribing witnesses required.

4. Required Contents

Grantor and grantee names with addresses, full legal description, tax account number, words of conveyance ("does hereby remise, release, and quitclaim"), consideration recital, attorney/preparer certification, and a "return-to" address. Land Instrument Intake Sheet required (§ 3-104).

5. Recording

Clerk of the Circuit Court where the land sits, after SDAT (State Department of Assessments and Taxation) processing (Md. Real Prop. § 3-103); recording fees about $20 + $40 surcharge for first 9 pages.

6. Transfer Tax

State transfer tax: 0.5% of consideration (Md. Tax-Prop. § 13-203); first-time homebuyer rate reduced. State recordation tax: roughly $2.50-$5 per $500 depending on county (Tax-Prop. § 12-103). County transfer tax: 0% to 1.5% additional. Spousal transfers, parent-child, and gifts (no consideration) are exempt from state transfer tax (§ 13-207).

7. Title Insurance Limits

MD 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. Maryland's attorney-prep requirement trips up many DIY filers.

9. Special Local Rules

Maryland requires deeds to bear attorney certification OR a certification that a party prepared it — non-attorney third-party preparers (e.g., title companies) without supervision can cause rejection.

This is legal information, not legal advice.