How do I file a quitclaim deed in Minnesota?
1. Quitclaim vs Warranty Deed
Minnesota quitclaim (Minn. Stat. § 507.06) conveys the grantor's interest only. A warranty deed (§ 507.07) carries the statutory warranty covenants; a limited warranty deed warrants only against grantor's acts.
2. Common Uses
Divorce, interspousal transfers, gifts to family, trust funding, removing an ex-spouse, transfer-on-death deed (Minn. Stat. § 507.071) recognized as alternative.
3. Execution Formalities
Minn. Stat. § 507.07 — deed must be in writing, signed by the grantor; § 507.24 — acknowledged before a notary for recording. No subscribing witnesses required.
4. Required Contents
Grantor and grantee names with addresses, marital status, legal description, parcel ID, words of conveyance ("does hereby remise, release, and quitclaim"), consideration recital. Well disclosure (§ 103I.235) required for most rural transfers; eCRV (electronic Certificate of Real Estate Value) required for transfers over $3,000 (§ 272.115).
5. Recording
County Recorder for Abstract property OR Registrar of Titles for Torrens property where the land sits (Minn. Stat. § 507.34). Recording fee $46 per document (flat rate as of 2018).
6. Transfer Tax
State deed tax: 0.33% of consideration (Minn. Stat. § 287.21); 0.34% in Hennepin and Ramsey Counties (additional environmental response fund tax of 0.01%). Gifts (zero consideration), spousal transfers, and trust funding by grantor are exempt (§ 287.22).
7. Title Insurance Limits
MN 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. Minnesota marital interest: a spouse has a statutory marital interest in homestead (§ 507.02) — both spouses must sign for any conveyance of homestead.
9. Special Local Rules
Minnesota Torrens system: registered (Torrens) property requires filing with the Registrar of Titles, not the County Recorder; a Quit Claim Deed-Torrens form is used.
This is legal information, not legal advice.
- Torrens-registered property transfer
- Homestead requiring both spouses to sign
- eCRV and well disclosure compliance
- Minn. Stat. § 507.06
- Minn. Stat. § 507.24
- Minn. Stat. § 287.21
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.