How do I file a quitclaim deed in South Carolina?
1. Quitclaim vs Warranty Deed
South Carolina quitclaim conveys only the grantor's interest. A general warranty deed (S.C. Code § 27-7-10) carries the 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 in a state with significant heirs-property issues.
3. Execution Formalities
S.C. Code § 30-5-30 — deeds must be signed in the presence of two subscribing witnesses AND acknowledged (or proved by one of the witnesses) before a notary. Total: grantor signature + 2 witnesses + notary. The notary can serve as one of the two witnesses.
4. Required Contents
Grantor and grantee names with addresses, derivation clause (book/page of prior deed) is best practice, legal description, parcel TMS (Tax Map Sheet) number, words of conveyance ("does hereby remise, release, and quitclaim"), consideration recital. Affidavit of True Consideration on the deed face (S.C. Code § 12-24-70).
5. Recording
County Register of Deeds (or Clerk of Court in counties without separate ROD) where the land sits (S.C. Code § 30-7-10); recording fee $25 flat for deed plus $1.85/$500 state deed recording fee.
6. Transfer Tax
State Deed Recording Fee: $1.85 per $500 of consideration (S.C. Code § 12-24-10) plus county $0.55 per $500 = $2.40 per $500 combined ($4.80 per $1,000). Gifts (zero consideration), spousal transfers, and corrections are exempt (§ 12-24-40).
7. Title Insurance Limits
SC 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. Missing the 2-witness requirement is the #1 SC quitclaim failure mode.
9. Special Local Rules
South Carolina Affidavit of True Consideration must accompany or appear on the deed face — signed under penalty of perjury per § 12-24-70.
This is legal information, not legal advice.
- Heirs property requiring multiple heir signatures
- Two-witness requirement compliance
- Divorce decree transfer execution
- S.C. Code § 30-5-30
- S.C. Code § 27-7-10
- S.C. Code § 12-24-10
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.