Independence County Quitclaim Deed (Married Couple as Grantors) Form

A married couple conveying Arkansas real property signs this quitclaim deed as a pair: the form is configured for exactly two grantors who are married to each other, and it moves their combined right, title, and interest to the grantee without any warranty of title. What sets the instrument apart is the second thing it does. Beyond the conveyance, each spouse releases and relinquishes dower, curtesy, and homestead rights in the property, so the marital rights Arkansas layers onto a spouse's land are settled on the face of the record.

A conveyance and a relinquishment in one deed

Arkansas retains dower and curtesy in gender-neutral form. Under Arkansas Code Annotated section 28-11-301, a spouse holds an inchoate interest in lands the other spouse owns during the marriage, and land sold without the other spouse's consent in legal form stays subject to that right. Section 18-12-402 supplies the mechanism the record looks for: a married person relinquishes dower or curtesy by joining with the spouse in the deed of conveyance, acknowledged in the manner prescribed by law. Because both spouses execute this deed and each acknowledges it, the joinder and the relinquishment travel inside the conveyance itself. Where the parcel is a married person's homestead, section 18-12-403 makes the spouse's joinder the point on which an instrument's validity turns, and the same joint execution answers that statute too.

Tenancy by the entirety, released whole

Arkansas common law reads a conveyance to husband and wife as a tenancy by the entirety: each spouse is seized of the entirety, and the survivor takes the whole. A transfer of an entirety estate that a title examiner can pass therefore carries both spouses' signatures, which is precisely the execution set this deed collects. A final divorce dissolves an entirety or survivorship estate under section 9-12-317 unless the decree provides otherwise, so the married-couple configuration describes intact marriages; former spouses hold as tenants in common and present a different record.

Quitclaim words, chosen on purpose

Section 18-12-102 turns the phrase grant, bargain and sell into statutory covenants of title unless express words limit them. This deed conveys by remise, release, and forever quitclaim, and it states plainly that no statutory covenant arises, so the record shows a transfer of whatever interest the couple holds at delivery, with nothing promised about the title behind it.

Two signatures, two witnesses, two certificates

The form recites the marriage in the grantor section, carries a signature and date line for each spouse, and adds the two disinterested witness blocks of section 18-12-104. The notary pages hold one acknowledgment certificate per spouse; Arkansas law does not require separate certificates, and the layout simply leaves the spouses free to acknowledge on different days or before different officers, with section 18-12-201 making acknowledgment or proof the doorway to the record. Patterns that present this configuration include a couple releasing entirety-held acreage to a relative who is purchasing it, spouses joining in one deed so that a parcel titled in one name passes free of the other's marital rights, and couples clearing their combined interest out of a shared title where the transaction prices no title assurance. A deed by one owner alone, or by co-owners who are not married to each other, sits outside these recitals.

Stamps, identification, and the clerk's counter

The first page opens with the preparer statement section 14-15-403 requires, and the deed carries the transfer tax certification of section 26-60-110, signed by the grantee or the grantee's agent when the tax applies; Arkansas collects $3.30 per $1,000 of consideration on transfers above one hundred dollars, and the guide walks the affidavit route and the exemption statement for transfers the tax does not reach. Since August 5, 2025, a deed arriving in person or by mail travels with the grantor's photo identification under Act 752 of 2025, subject to statutory exceptions. The pages are laid out to the state format statute, ready for the circuit clerk in any Arkansas county.

What the download delivers

The purchase delivers this married-couple quitclaim deed as a fillable PDF, a completed example showing a Washington County transfer from the preparer line through the return address, and a plain language guide to every blank, the spousal releases, and the recording steps. Shoppers reach this instrument searching for a husband and wife quitclaim deed, a quit claim deed, or a quick claim deed for spouses; this is the Arkansas quitclaim deed in its married-couple configuration. The materials are informational and are not legal advice.