How do I file a quitclaim deed in Wisconsin?
1. Quitclaim vs Warranty Deed
Wisconsin quitclaim (Wis. Stat. § 706.10(5)) conveys the grantor's interest only. A warranty deed (§ 706.10(3)) carries the statutory warranty covenants; a special warranty deed warrants only against grantor's acts.
2. Common Uses
Divorce, interspousal transfers (Wisconsin is a marital property state under Ch. 766), gifts to family, trust funding, removing an ex-spouse, transfer-on-death deed (§ 705.15) is alternative.
3. Execution Formalities
Wis. Stat. § 706.02 — conveyances must be in writing, identify parties and land, state consideration, signed by the grantor; § 706.07 — for recording, must be authenticated (notarized) or have signature acknowledged. No subscribing witnesses required if notarized.
4. Required Contents
Grantor and grantee names with addresses, marital status (important under Ch. 766 marital property), legal description, parcel ID, words of conveyance ("does hereby quitclaim"), consideration recital. Real Estate Transfer Return (RETR) eRETR filed online; receipt number on deed.
5. Recording
County Register of Deeds where the land sits (Wis. Stat. § 706.05); recording fee $30 per document (flat 2014).
6. Transfer Tax
Real Estate Transfer Fee: $3.00 per $1,000 of value (Wis. Stat. § 77.22). Spousal transfers, gifts (zero consideration), transfers between parent and child for nominal consideration, and trust funding by grantor are exempt (§ 77.25).
7. Title Insurance Limits
WI 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. Wisconsin marital property: a unilateral quitclaim by one spouse generally cannot defeat the other spouse's marital property interest in the homestead (§ 706.02(1)(f) requires both spouses' signatures on the homestead conveyance).
9. Special Local Rules
Wisconsin Homestead — both spouses must sign any conveyance of the homestead, regardless of titled ownership (Wis. Stat. § 706.02(1)(f)).
This is legal information, not legal advice.
- Homestead transfer requiring both spouses to sign
- Marital property classification disputes
- Trust funding with RETR exemption claim
- Wis. Stat. § 706.02
- Wis. Stat. § 706.07
- Wis. Stat. § 77.22
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.