How do I file a quitclaim deed in Pennsylvania?
1. Quitclaim vs Warranty Deed
Pennsylvania recognizes quitclaim deeds (no warranties), special warranty deeds (warranty only against grantor's acts — most common in PA), and general warranty deeds (full warranties).
2. Common Uses
Divorce, interspousal transfers, gifts among family, trust funding, correcting prior deed errors, clearing potential heir interests.
3. Execution Formalities
Grantor signs and acknowledges before a notary (21 P.S. § 7; § 42). No subscribing witnesses required for recording. The Uniform Acknowledgment Act applies to out-of-state acknowledgments.
4. Required Contents
Grantor and grantee names with addresses (grantee certification of address required), legal description, parcel ID, words of conveyance ("does hereby remise, release, and quitclaim"), and consideration. A Realty Transfer Tax Statement of Value (Form REV-183) is required for nominal or exempt consideration.
5. Recording
File with the county Recorder of Deeds (21 P.S. § 351); recording fees typically $60-$100 depending on county. Within 90 days to maintain priority against intervening claimants.
6. Transfer Tax
Pennsylvania imposes 1% state realty transfer tax (72 P.S. § 8102-C) plus 1% local (school district + municipality), for 2% combined statewide except Philadelphia (3.278% local + 1% state = 4.278%) and Pittsburgh (higher). Transfers between spouses, parent-child, grandparent-grandchild, and siblings are exempt (72 P.S. § 8102-C.3).
7. Title Insurance Limits
PA title insurers generally won't insure based on a recent quitclaim alone.
8. Pitfalls
Quitclaim does NOT release mortgage liability; due-on-sale risk; Garn-St. Germain (12 U.S.C. § 1701j-3) shields qualifying family transfers.
9. Special Local Rules
Philadelphia: separate Real Estate Transfer Tax Certification and city RTT (3.278%); Allegheny County: separate forms required.
This is legal information, not legal advice.
- Philadelphia transfer where RTT is high and exemptions may apply
- Family transfer claiming a § 8102-C.3 exemption
- Divorce-related transfer of marital home
- 21 P.S. § 7
- 21 P.S. § 351
- 72 P.S. § 8102-C
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.