How do I file a quitclaim deed in Washington?
1. Quitclaim vs Warranty Deed
Washington quitclaim (RCW 64.04.050) conveys "all the then existing legal and equitable rights of the grantor" with no warranties. A statutory warranty deed (RCW 64.04.030) carries the five statutory covenants; a bargain-and-sale deed warrants only the grantor's acts (RCW 64.04.040).
2. Common Uses
Divorce, interspousal transfers, gifts to family (community property considerations), trust funding, removing an ex-spouse, transfer-on-death deed is recognized (RCW 64.80) as an alternative.
3. Execution Formalities
RCW 64.04.010 — every conveyance of real estate shall be by deed; § 64.04.020 — deed must be in writing, signed by the grantor, and acknowledged before a notary. No witnesses required.
4. Required Contents
Grantor and grantee names, abbreviated legal description on first page (RCW 65.04.045 — full description elsewhere), tax parcel number, consideration, words of conveyance ("does hereby convey and quitclaim"), and the prepared-by block. Real Estate Excise Tax Affidavit required.
5. Recording
County Auditor where the land sits (RCW 65.08); recording fees roughly $204 first page + $1 per additional page (post-2018 surcharge increases).
6. Transfer Tax
Real Estate Excise Tax (REET) — graduated under RCW 82.45.060: 1.1% up to $525K, 1.28% $525K-$1.525M, 2.75% $1.525M-$3.025M, 3.0% above $3.025M (state portion), plus 0.5% local. Gifts without consideration (and without assumed debt) are exempt — file the REET affidavit claiming WAC 458-61A-201.
7. Title Insurance Limits
WA title insurers generally decline to insure on chains with recent quitclaims without further review.
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. Community property: a married grantor should usually have the spouse join, even on separate-property claim.
9. Special Local Rules
WA is a community property state; a quitclaim from one spouse may not divest community interest unless both spouses sign.
This is legal information, not legal advice.
- Community property transfer where spouse must join
- REET gift exemption with assumed mortgage
- Divorce decree quitclaim execution
- RCW 64.04.050
- RCW 64.04.020
- RCW 82.45.060
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.