Maryland Quitclaim Deed

Although not defined in the statutes, Maryland accepts quitclaim deeds to transfer the rights, title, and interest in real estate, if any, from the grantor (owner) to the grantee (buyer), with no protections for the grantee. There may be potential unknown claims or restrictions on the title, and the buyer must accept the risk that the grantor may not have complete ownership of the property.

A lawful quitclaim deed identifies the name, address, and marital status of each grantor and grantee. State law requires that all recorded documents contain information on how the grantee will hold title. For Maryland residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by the entirety. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common, unless expressly stated otherwise (Md. Code, Real Prop. 2-117). In the case of a married couple, a tenancy by the entirety is automatically created (Md. Code, Real Prop. 4-108).

State the source of title and a complete legal description of the property (Md. Code, Real Prop. 4--101). Give a certificate of preparation (Md. Code, Real Prop. 3-104(f)(1)) in the deed. Quitclaim deeds must be accompanied by a completed intake sheet when submitting for recordation (Md. Code, Real Prop. 3-104). Other required documents may include an affidavit of residency, and/or Maryland Form MW 506 NRS for non-resident sale of property. Contact the local recording office with questions about supporting materials.

A transfer tax is imposed on most deeds (Md. Code, Tax-Prop. 13-202). Find exemptions from the transfer tax at Md. Code, Tax-Prop. 13-207(a). As a prerequisite to recording, quitclaim deeds must be endorsed with the certificate of the collector of taxes of the county where the property is assessed.

Quitclaim deeds must be signed by the grantor in the presence of a notary public. Witnesses are not required for conveyances of real estate in Maryland. In addition to the content requirements set forth by statute, the form must meet all state and local standards for recorded documents. These may vary from county to county, so contact the local recording office with questions.

Record the executed deed in the circuit court for county where the property is located in order to provide notice of the transfer. If the subject land is in more than one county, record the deed (or a certified copy) in all such counties (Md. Code, Real Prop. 3-103).

This article is provided for informational purposes only and is not a substitute for legal advice. Contact a lawyer with questions about quitclaim deeds or transfers of real property in Maryland.

(Maryland QCD Package includes form, guidelines, and completed example)