New Castle County Quitclaim Deed (Married Couple as Grantors) Form

Two spouses sign this Delaware quitclaim deed together: the married couple as grantors edition recites two grantors who are married to each other, releasing their interest in Delaware real estate over two signatures. The configuration follows from how married couples hold land in this state. A deed to two grantees married to each other vests a tenancy by the entirety without any survivorship wording, and under that form neither spouse holds a separate share, so a release of the couple's title carries the signature of each.

Both Spouses on the Grantor Line

Delaware's entireties presumption is common law with deep roots: the spouses hold the whole estate as a unit, and the survivor owns it all automatically at the first death. A 2023 codification, 25 Del. C. § 309(c), added a creditor shield that keeps entireties real estate beyond the reach of a creditor of only one spouse. The estate ends in three ways, by a conveyance both spouses join, by death, or by divorce, and the first of those is the act this form performs. It collects one property description, recites the two grantors and their marriage to each other, and closes with a signature line and a separate acknowledgment certificate for each spouse, so the two acknowledgments may happen on different dates or before different notaries.

Family Transfers Without a Straw Party

25 Del. C. § 309 validates direct conveyances between spouses in every combination, with no straw party in the chain; under § 309(a)(3) a spouse's entire entireties interest may pass directly to the other spouse alone, and § 309(d) validates such conveyances retroactively whenever made. A couple consolidating record title in one spouse's name, and spouses deeding a parcel to an adult child, present the two-grantor pattern this deed recites. On the tax side, the taxable document definition in 30 Del. C. § 5401(1) leaves out conveyances between spouses and from parent to child, while the Division of Revenue Form 5402 return still rides to the recorder with the deed whether tax is due or not.

A Release, Not a Warranty

Like every Delaware quitclaim, the married couple edition passes the grantors' interest exactly as it stands. Because 25 Del. C. § 121(b) reads the bare words grant and convey as an implied special warranty, the form relies on release wording rather than the unrestricted statutory words, and the grantee takes whatever title the couple held with no covenant riding along.

Three Counties, Three Sets of Recording Rules

No single page layout satisfies every Delaware recorder, because 9 Del. C. § 9605(g) hands format regulation to the county level, and New Castle County, Kent County, and Sussex County each publish different rules: different first-page top reserves, different placements for the parcel number and prepared by data, and different minimum type sizes. Recording in Delaware therefore runs county by county, and this product is built the same way; the purchase delivers the edition matched to the buyer's recording county, whether that is New Castle County, Kent County, or Sussex County. The statewide acceptance gates apply in all three, so every edition carries a conspicuous tax parcel number (9 Del. C. § 9605(f)) and a first-page prepared by line (9 Del. C. § 9605(h)).

The two-grantor recital is also the edition's boundary. A sole owner releasing an interest alone, and former spouses who hold as tenants in common after a divorce ended the entireties estate, present configurations with a different signature architecture than the one this form carries. Each county edition of this married couple quitclaim deed, a form also searched as a quit claim deed for husband and wife, arrives as a blank fillable PDF, a completed example prepared on a fact pattern in that county, and a plain language guide to every blank; the materials are informational, not legal advice.