How do I file a quitclaim deed in Tennessee?
1. Quitclaim vs Warranty Deed
Tennessee quitclaim conveys only the grantor's interest. A general warranty deed (Tenn. Code § 66-5-103) carries the statutory 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, transfer-on-death deed NOT recognized in TN so quitclaims into trusts are common.
3. Execution Formalities
Tenn. Code § 66-22-101 — deeds must be acknowledged before a notary or, alternatively, proved by two subscribing witnesses (the notarial route is universal in practice). If notarized, no witnesses are required.
4. Required Contents
Grantor and grantee names with addresses, derivation clause (referencing prior deed book/page) is customary and may be required by some registers, legal description, parcel ID, words of conveyance ("does hereby remise, release, and quitclaim"), consideration recital. Oath of Consideration (sworn statement of value) on the deed face — Tenn. Code § 67-4-409(a).
5. Recording
County Register of Deeds where the land sits (Tenn. Code § 66-24-101); recording fees about $10 for first 2 pages + $5 per additional page.
6. Transfer Tax
Realty Transfer Tax: $0.37 per $100 of consideration or fair market value, whichever is greater (Tenn. Code § 67-4-409). Recordation tax on indebtedness: $0.115 per $100 if mortgage involved. Gifts (zero consideration) and certain spousal/family transfers may be exempt — but TN does NOT have a broad gift exemption; the tax applies on fair market value for gifts in many cases.
7. Title Insurance Limits
TN 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. Tennessee imposes transfer tax on fair market value for gifts — be aware.
9. Special Local Rules
Tennessee Oath of Consideration: the deed must include a sworn statement of actual consideration or fair market value, signed under penalty of perjury.
This is legal information, not legal advice.
- Gift transfer where FMV-based transfer tax applies
- Divorce decree quitclaim execution
- Trust funding with mortgage outstanding
- Tenn. Code § 66-5-103
- Tenn. Code § 66-22-101
- Tenn. Code § 67-4-409
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.