Benewah County Quitclaim Deed (Interspousal Transfer) Form

One spouse signs, and the other spouse takes the title. This Idaho quitclaim deed is arranged for a conveyance between spouses, from one spouse as Grantor to the other as Grantee, and its conveyance section states that the Grantee holds the property as sole and separate property. A single signature carries it, and Idaho Code Section 32-906(2) is the reason.

The one conveyance Idaho lets a married person make alone

Idaho is a community property state, and its default rule is joinder: neither spouse may convey or encumber community real estate unless the other spouse joins in executing the instrument. Section 32-906(2) carves out the transfer between spouses. Property conveyed by one spouse to the other is presumed to be the sole and separate estate of the grantee, and only the grantor spouse need execute and acknowledge the deed, notwithstanding Section 32-912. That is the architecture of this form: a grantor spouse, a grantee spouse, one signature block, and language stating the presumption on the face of the deed, so a later reader of the record sees the statute the single signature rests on.

When the parcel is the family home

A married person's homestead in Idaho arises automatically, and Idaho Code Section 55-1007, rewritten effective July 1, 2025, provides that it shall not be conveyed or encumbered by a spouse without the other spouse's consent. The statute names two ways that consent is evidenced, and the second is this instrument: a deed from one spouse to the other spouse establishing the homestead property as the sole and separate property of the grantee spouse. A completed deed on this form answers that description, and Section 9 says so in the instrument rather than leaving a title examiner to work it out.

The rents stay community unless the deed says otherwise

Idaho draws a line many interspousal deeds miss. Under Section 32-906(2) the income, including the rents, issues, and profits, from the conveyed property is not the separate property of the grantee spouse unless that fact is specifically stated in the instrument of conveyance. The property changes character; the income it produces does not follow automatically. Section 7 of this form is the blank where that statement goes, and the completed example fills it in, so a rental parcel is handled in the deed.

What the interspousal configuration carries

The form recites one Grantor spouse and one Grantee spouse, states that the parties are married to each other, and holds the grantee name and complete mailing address that Idaho Code Section 55-601 places on the face of a conveyance. One signature line and one certificate follow, the certificate drawn on the short form supplied by Idaho Code Section 51-116; certification of that kind is what Idaho Code Section 55-805 makes a precondition to recording, and no subscribing witness signs an Idaho deed. The operative sentence remises, releases, and forever quitclaims the Grantor's entire right, title, and interest, community and separate alike, and expressly restrains the two covenants Idaho Code Section 55-612 would imply from the word grant, so this quitclaim deed, also searched as a quit claim deed or an interspousal transfer deed, promises nothing about the state of the title. A parcel acquired during marriage moved into one spouse's sole and separate ownership, and one spouse releasing whatever community interest may have arisen in the other spouse's premarital parcel, present the pattern this deed recites. The form is not set up as a conveyance to anyone other than the Grantor's spouse.

Recording it in the property county

The acknowledged deed goes to the recorder of the Idaho county where the land sits, at the statutory fee of fifteen dollars for a conveyance of thirty pages or fewer. Idaho declares by statute that it imposes no tax on real estate transfers and bars its counties from imposing one, and no transfer declaration stands behind the deed, so the instrument and the fee are the package. Recording protects the Grantee against a later good faith purchaser for value who records first, and page one holds a three inch top reserve clearing the stamp and label spaces Idaho recorders publish.

The download delivers three pieces: the interspousal quitclaim deed as a fillable PDF, a completed example running a Bonneville County transfer through every section, and a plain language guide to the entries, the single acknowledgment, and recording. The materials are informational only, not legal advice; an Idaho attorney can address how these statutes operate on a particular parcel or marriage.