How do I file a quitclaim deed in North Carolina?

1. Quitclaim vs Warranty Deed

North Carolina commonly uses "Non-Warranty Deed" rather than "Quitclaim," with effectively the same meaning — conveys whatever interest the grantor holds without warranty. A general warranty deed (§ 47-27) carries full warranties; a special warranty deed warrants only against grantor's acts.

2. Common Uses

Divorce, interspousal transfers, gifts to family, trust funding, clearing potential heir interests, correcting prior deed errors.

3. Execution Formalities

N.C.G.S. § 47-17 requires the deed be signed by the grantor and acknowledged before a notary or other authorized officer per § 47-38. No subscribing witnesses required.

4. Required Contents

Grantor and grantee names with addresses, legal description (often referencing recorded plat book and page), parcel ID, words of conveyance ("does hereby remise, release, and quitclaim" — or for non-warranty, "does hereby convey without warranty"), consideration recital.

5. Recording

County Register of Deeds where the land sits (N.C.G.S. § 47-20). Recording fees are $26 first 15 pages + $4 per additional page. Excise tax stamps must be affixed before recording.

6. Transfer Tax

NC Real Estate Excise Tax: $1.00 per $500 of consideration ($2 per $1,000), paid to the county (N.C.G.S. § 105-228.30). Gifts (zero consideration), divorce transfers pursuant to decree, and transfers to/from controlled entities are exempt (§ 105-228.29).

7. Title Insurance Limits

NC title insurers will rarely insure on a chain with a recent non-warranty/quitclaim without curative work.

8. Pitfalls

Quitclaim does NOT release the grantor from mortgage liability; due-on-sale risk; Garn-St. Germain (12 U.S.C. § 1701j-3) shields qualifying family transfers.

9. Special Local Rules

NC is a "title theory" state via deed of trust — the trustee holds legal title; a quitclaim by the borrower doesn't disturb the deed of trust.

This is legal information, not legal advice.