Benton County Quitclaim Deed (Interspousal) Form

Arkansas keeps a conveyancing statute written for exactly this transaction. Section 18-12-401 provides that a deed from an individual to his or her spouse conveys the entire interest of the grantor as if the spousal relation did not exist, and this quitclaim deed is built on that sentence: one married record owner is the grantor, the grantor's spouse is the only grantee, and the spouse who receives the property signs the instrument too.

A statute for the deed between spouses

Title 18 gives spouses their own rule for deeds. In the gender-neutral text Act 387 of 2019 gave it, section 18-12-401 construes a deed by an individual to that person's spouse as passing the grantor's entire interest, or the interest the deed specifies, as though the marriage were not there. The section's stated purpose is blunter still: to let married people contract with each other about real property as if the spousal relation did not exist. What moves is only what the grantor holds when the deed is delivered, and word choice carries that limit: because section 18-12-102 turns the phrase grant, bargain and sell into statutory covenants of title unless express words cut them off, this instrument conveys by remise, release, and quitclaim and states on its own face that no covenant arises.

The two marital rights this deed settles

Dower and curtesy are alive in Arkansas, and section 18-12-402 gives a married person the way to let them go: relinquishment by joining with the spouse in the deed of conveyance, acknowledged as the law prescribes. The grantor does that here, releasing dower or curtesy and homestead right to the grantee inside the same instrument that conveys the land. Then comes the homestead rule with teeth. Section 18-12-403 denies validity to an instrument affecting a married person's homestead unless that person's spouse joins in the execution. On a conveyance between spouses the person whose homestead right the statute guards is the grantee taking under the deed, a situation no located Arkansas decision resolves, so this form collects the grantee spouse's signature as well.

One grantor, one joining grantee, two certificates

The granting clause names the grantor alone. Below the operative sections sit a signature and date line for the grantor and a second line for the grantee spouse, under a joinder paragraph reciting that the grantee conveys no interest by signing; the two disinterested witness blocks of section 18-12-104 follow, then one acknowledgment certificate for each signer. Arkansas law does not require separate certificates, and the layout simply leaves the signers free to acknowledge on different days or before different officers. Ownership patterns that present this configuration include a parcel held by both spouses moved into one name because a lender conditions a refinance on a single borrower holding record title, a spouse whose name went on a deed for convenience releasing that interest back, and one spouse making a gift of a separately held parcel to the other. The deed recites a marriage existing on its date, so former spouses whose divorce is final sit outside these recitals, as does any conveyance to a grantee who is not the grantor's spouse.

The transfer tax puzzle of a deed with no price

Arkansas taxes conveyances at $3.30 per $1,000 of actual consideration on transactions above one hundred dollars, proved by documentary stamps or the certification this deed prints for the grantee to sign. A transfer between spouses for which nothing is paid raises a question the exemption list does not answer: section 26-60-102 reaches governmental transfers, instruments securing debt, tax-sale land, leases, short-term timber rights, deeds between parties to a divorce action, and beneficiary deeds, and a gift between married people is absent from it. The levy supplies the answer, because it measures actual consideration above one hundred dollars, and section 26-60-107 supplies the paperwork: an affidavit stating that no tax is due, signed by the grantee or that person's agent.

What the download delivers

The purchase delivers this interspousal quitclaim deed as a fillable PDF, a completed example filled in for a Craighead County transfer between spouses, and a plain language guide to every blank, the marital releases, the photo identification Act 752 of 2025 has asked of counter and mail filings since August 5, 2025, and the county recording steps. Shoppers reach this instrument searching for an interspousal deed, a spouse to spouse quit claim deed, or a quick claim deed between husband and wife. The materials are informational and are not legal advice.