Whitley County Quitclaim Deed Form

Indiana's quitclaim deed is built on a straightforward statutory foundation — IC 32-17-2-2 defines it as a conveyance of whatever interest the grantor holds at the time of signing, with no warranties attached. What makes Indiana's version worth attention is what surrounds that simple transfer: a mandatory county auditor endorsement before the recorder will accept the document, a spousal joinder requirement that catches married grantors off guard, a Sales Disclosure Form that must accompany nearly every deed at recording, and a race-notice recording system that rewards whoever files first. A deed that misses any of these steps can be returned, rejected, or — worst case — recorded but legally ineffective.

When an Indiana Quitclaim Deed Is Used

An Indiana quitclaim deed is commonly used to transfer property between family members, move real estate into or out of a trust, resolve a cloud on title by having a potential claimant formally release any interest, or convey a co-owner's share to the other owners. Because the deed transfers only what the grantor actually owns — making no promise that title is clear or that the grantor owns anything at all — it fits situations where the parties have an existing relationship or where a warranty is unnecessary. Indiana's recording statistics consistently show quitclaim deeds used heavily for estate planning transfers and interspousal conveyances, where the absence of a warranty is understood and accepted by both sides.

Indiana Statutory Requirements

Indiana's deed statutes are spread across several chapters, each governing a distinct aspect of the conveyance. The core transfer authority is IC 32-17-2-2. Execution requirements appear in IC 32-21-1 through IC 32-21-2-3. Recording procedure is governed by IC 32-21-4-1. County recorder formatting standards are set by IC 36-2-11-14 and IC 36-2-11-16.5.

Every Indiana quitclaim deed must include:

• A written instrument signed by the grantor or an authorized agent
• Full legal names and mailing addresses of all grantors and grantees — the names must be consistent throughout the document
• A statement of consideration — the amount or nature of what was paid or exchanged
• A complete legal description of the property (metes and bounds, subdivision lot reference, or other description as it appears in the county records)
• Original signatures, with each signer's name typed or printed legibly directly below the signature line
• The preparer's name and address (IC 32-21-2-3) — not a Social Security number, as is sometimes mistakenly stated
• A return address for delivery of the recorded deed
• The grantor's marital status

Execution: Signatures and Notarization

Indiana requires the grantor's signature to be acknowledged before a notary public — no witness signatures are required, which differs from states such as Florida and Georgia where witnesses are mandatory. The notary's acknowledgment must comply with IC 32-21-2-1. If an agent signs under a power of attorney, the power of attorney document itself must be recorded or already on record in the same county before the deed can be accepted.

Indiana-Specific Traps

Homestead and Spousal Joinder

This is the most frequently overlooked Indiana requirement. Under IC 32-17-3-3, a married grantor cannot convey a homestead — property used as the family's principal residence — without the spouse joining in the deed. This is true even if the property is titled solely in the grantor's name. A quitclaim deed signed only by the titled spouse will not effectively convey homestead property. The non-titled spouse does not need to appear as a grantor in the legal sense, but must sign to release homestead rights. Deeds missing this joinder create a title defect that can surface years later when the property is sold or refinanced.

Marital Status Recital

Indiana recorders require the grantor's marital status to appear in the deed. A grantor who is single should be identified as such. A married grantor should be identified as married. This is not optional boilerplate — its absence can result in a returned deed or a title examiner's exception at a later closing.

County Auditor Endorsement

Before the county recorder will accept a deed for recording, the county auditor must endorse it (IC 36-2-11-14). This step confirms that property taxes are current and that the parcel has been properly identified. The auditor's office processes the Sales Disclosure Form (see below) as part of this step. Attempting to record directly with the recorder without first obtaining the auditor's stamp will result in rejection. The process and whether it can be handled in a single visit or requires separate appointments varies by county.

Sales Disclosure Form

Indiana requires a completed Sales Disclosure Form (State Form 46021) to accompany virtually every deed at the time of the auditor endorsement step (IC 6-1.1-5.5). The form captures the sale price, parties, and property details for assessment purposes. Even transfers that qualify for an exemption — such as gifts between family members — still require the form to be filed with the appropriate exemption box checked. Arriving at the auditor's office without this form will delay recording.

No Transfer Tax, But Recorder Fees Apply

Indiana abolished its real estate transfer tax in 2009. There is no deed transfer tax due at recording. However, each county charges its own recorder fees, and those vary. Confirming the current fee schedule with the specific county recorder's office before recording avoids a returned document.

Formatting Standards

Indiana's formatting rules under IC 36-2-11-16.5 are enforced at the recorder's office. The deed must be printed on white paper of at least 20-lb. weight, no larger than 8½" × 14" (legal size). Text must be typed or computer-generated in permanent black ink at a minimum 10-point font. All margins must be at least ½ inch, except that the first page and last page each require 2-inch top and bottom margins — this space is reserved for the recorder's stamps and should not contain any content.

Vesting: How Grantees Take Title

Indiana presumes tenancy in common when property is conveyed to two or more grantees without additional language (IC 32-17-2-1). Under tenancy in common, each owner holds a separate, undivided share that passes through probate at death. To create a joint tenancy with right of survivorship — where the surviving owner automatically inherits the deceased owner's share — the deed must explicitly state that the grantees take title "as joint tenants with right of survivorship" or use equivalent language making the survivorship intent clear. Vague language such as "jointly" or "together" is not sufficient under Indiana law and will likely be treated as a tenancy in common. The choice of vesting has significant estate planning consequences and should be reflected precisely in how the deed is drafted.

Recording the Deed

Under IC 32-21-4-1, Indiana follows a race-notice recording system: among competing claimants, the party who records first and has no notice of a prior unrecorded interest wins. The deed must be recorded in the county where the property is located — recording in the wrong county provides no constructive notice and no priority. Upon acceptance, the county recorder stamps the deed with the date and time, which establishes its priority against subsequent claims. Prompt recording after execution is critical; an unrecorded deed is vulnerable to a subsequent bona fide purchaser who records first.

What Is Included in the Download

The Indiana Quitclaim Deed package from Deeds.com includes the deed form itself, prepared to meet Indiana's statutory requirements and county recorder formatting standards, along with a completed example showing how the form should be filled out, and a guide covering Indiana-specific requirements, the auditor endorsement process, and instructions for recording in Indiana counties. The forms are county-specific and available for all Indiana counties.