How do I file a quitclaim deed in Ohio?
1. Quitclaim vs Warranty Deed
Ohio quitclaim (R.C. § 5302.11) transfers only the grantor's interest. A general warranty deed (R.C. § 5302.05) contains the statutory warranty covenants; a limited warranty deed (§ 5302.07) covers only the grantor's acts.
2. Common Uses
Divorce, interspousal transfers, gifts to family, funding revocable trusts, transfer-on-death affidavit alternatives, clearing minor title clouds.
3. Execution Formalities
R.C. § 5301.01 (as amended in 2002) requires only the grantor's signature acknowledged before a notary. The pre-2002 requirement of TWO witnesses was eliminated.
4. Required Contents
Grantor and grantee names with mailing addresses, legal description, parcel number (required by county auditor), words of conveyance ("does hereby remise, release, and forever quitclaim"), consideration recital. Dower release may be needed if grantor is married (R.C. § 5305.01 abolished dower in 2007 — but check date).
5. Recording
County Recorder where the land sits (R.C. § 317.08); fees roughly $34 for first 2 pages plus $8/page after. Before recording, the deed must be presented to the County Auditor for transfer/conveyance fee assessment and parcel transfer.
6. Transfer Tax
Ohio Conveyance Fee: $1 per $1,000 state (R.C. § 319.54(G)(3)) plus up to $3 per $1,000 county permissive tax. Exempt transfers (R.C. § 319.54(G)(3)(a)-(y)) include spousal transfers, transfers to trust, gifts, and divorce decrees — use DTE Form 100(EX).
7. Title Insurance Limits
Ohio title insurers typically won't insure pure quitclaim transfers without additional underwriting.
8. Pitfalls
Quitclaim does NOT release mortgage liability; due-on-sale risk; Garn-St. Germain (12 U.S.C. § 1701j-3) protects qualifying intra-family transfers.
9. Special Local Rules
DTE Form 100 (Statement of Value) is required even on exempt conveyances; some counties require a Conveyance Standards checklist.
This is legal information, not legal advice.
- Marital home with dower or homestead issues
- Trust funding paired with TOD designations
- Conveyance-fee exemption claim that may be contested
- Ohio R.C. § 5302.11
- Ohio R.C. § 5301.01
- Ohio R.C. § 319.54
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.