Elkhart County Quitclaim Deed (Partnership or Limited Partnership Grantor) Form

Indiana ties a partnership's real estate to its name twice over: an estate in land may be acquired in the partnership name, and title taken that way can be conveyed only in that name (IC 23-4-1-8(3)). This Indiana quitclaim deed is drafted for that single channel: the partnership stands alone as Grantor, one partner executes the deed in the partnership name, and the partnership's interest reaches the grantee with no covenant of title.

Every Partner Is Already an Agent

Where a corporation looks to its bylaws and a company to its articles, the Uniform Partnership Act supplies authority by default. IC 23-4-1-9(1) makes every partner an agent of the partnership, so execution in the partnership name of an instrument for apparently carrying on the usual business binds the partnership unless that partner lacks authority and the other side knows it. IC 23-4-1-10(1) carries the rule onto land: with title in the partnership name, any partner may convey by a conveyance executed in that name.

The same subsection supplies the counterweight, which is why authority belongs on the face of a partnership deed: the partnership may recover the property where the partner's act did not bind it, unless the parcel has reached a holder for value with no knowledge that the partner exceeded authority. Section 2 collects the signer's capacity and the partnership record relied on.

General Partners and the Certificate That Names Them

A limited partnership reads through both statutes. IC 23-16-5-3(a) gives a general partner the rights and powers of a partner in a partnership without limited partners, subject to the partnership agreement, and that office is public record: the certificate of limited partnership filed with the Secretary of State names each general partner with a business address (IC 23-16-3-2(a)(3)). The entity name carries the words limited partnership or the abbreviation L.P. (IC 23-0.5-3-2(b)). A limited partner stays off this signature line, and approving a transfer of substantially all the assets is expressly not control (IC 23-16-4-3(b)).

The Reach of a Partnership Release

The operative verb is Indiana's own. IC 32-21-1-15 frames the statutory quitclaim on the word quitclaims, and IC 32-17-2-2 sets the outer limit of a release at the estate a deed of bargain and sale could pass, so a mortgage the partnership gave and a judgment against the firm ride along. A partnership rule shapes what the instrument reaches: under IC 23-4-1-25 the partners hold specific partnership property as tenants in partnership, and no partner's right in it is assignable apart from the rights of all, which is why this quit claim deed moves the partnership's interest, not a partner share. Marriage stays outside it: IC 23-4-1-25(2)(e) keeps that right clear of allowances to surviving spouses, heirs, or next of kin.

One Partnership, One Signature Block

Section 1 names the partnership with its type and state of organization, so a general partnership, a limited partnership, and a limited liability partnership each read correctly on the record. One signature line follows, above the printed name line of IC 36-2-11-16(c), with a single acknowledgment certificate whose by-line holds the signer's name and partnership capacity together, the substance IC 33-42-0.5-2 attaches to a representative signature. Ownership patterns bringing this deed to the counter include a farming partnership passing a field to a departing partner under a buyout, a limited partnership selling the last parcel of a finished project, and a partnership completing a conveyance begun before dissolution, which IC 23-4-1-35 treats as winding up. Title held by the partners individually answers instead to IC 23-4-1-10(5), a conveyance executed by all the partners, and a corporation, company, trustee, or individual of record calls for its own signature architecture.

What the County Offices Want First

A sale for value carries a sales disclosure form to the county assessor under IC 6-1.1-5.5, then the auditor's taxation endorsement, which IC 36-2-11-14 makes a condition of recording. The recorder's charge is the statewide twenty five dollars of IC 36-2-7-10, no Indiana transfer tax applies, and the deed closes with the address statements of IC 32-21-2-3(e) plus the affirmation and preparer statement of IC 36-2-11-15.

Three files arrive with the purchase: the fillable partnership quitclaim deed built to Indiana's recording format, a completed example in which an Indiana limited partnership conveys a Plainfield lot in Hendricks County, and a guide covering each entry, the certificate, and the filing sequence. An authorizing partner consent stays in the partnership's records, prepared separately. These pages describe Indiana law generally and are informational; they are not legal advice.