Saint Bernard Parish Quitclaim Deed (Married Grantor with Non-Owner Spouse Joinder) Form

One grantor conveys, and a second person signs who owns nothing. This Louisiana quitclaim deed prepares that act: a married grantor transfers whatever right, title, and interest the grantor holds in an immovable, with no warranty of title, while the grantor's spouse joins without becoming a grantor, a seller, or a warrantor. The joining spouse has a party section, and printed text states what that second signature does.

Why a spouse who owns nothing signs anyway

Civil Code article 2340 presumes that things in the possession of a spouse during a community regime are community property, while letting either spouse prove they are separate. That presumption is why this configuration exists. A grantor calling an immovable separate takes a position resting on the article 2341 categories and the acquisition papers, and the presumption runs the other way until it is rebutted, so a title examiner reading a deed signed by one married person alone tends to ask for the second signature. A spouse who owned the tract before the wedding, one who inherited it individually, and one whose separate lot was improved with community funds all reach the same three party act.

Two jobs for one signature

Section 10 gives that signature two distinct tasks and keeps them apart. The spouse concurs in the conveyance, the concurrence article 2347 demands for alienating a community immovable, so the relative nullity article 2353 attaches to a one spouse transfer does not arise. The spouse then releases, relinquishes, and quitclaims, without warranty, whatever right, title, interest, or claim the spouse holds in the spouse's own right. Separating the two matters because article 2337 bars a spouse from alienating an undivided community interest to a third person before the regime terminates: the community side travels by concurrence, never by a purported sale of a marital half. Two negatives close it: the joining spouse assumes no warranty obligation, and the joinder is not an article 2348 renunciation as to any other community immovable.

The one liability an exclusion cannot reach

Article 2503 lets parties increase, limit, or exclude the warranty against eviction Louisiana implies in every sale, and this act excludes it completely, adding the grantee's declarations of acceptance at the grantee's peril and risk and an express release of the return of the price. What no drafting reaches is the seller's own conduct: article 2503 keeps a seller liable for an eviction occasioned by his own act, and a contrary agreement is null. The form prints that limit in capitals.

Separate property stated, not settled

Section 7 collects what a title reader wants side by side: how the grantor acquired the property with its recording reference, and the character of title as the grantor states it. The form calls that entry a declaration of the grantor and prints the article 2340 presumption beside it, since article 2342 addresses a declaration made in an act of acquisition and this is an act of conveyance. Classification is not decided here, and the act operates on either reading.

Three signers, three certificates, one parish filing

Signature blocks for the grantor, the joining spouse, and the accepting grantee sit above two witness lines, serving execution either as an authentic act under article 1833 or as an act under private signature acknowledged later under article 1836. A certificate for each signer follows, captioned with the parish venue and carrying a line for the notary identification or bar roll number Revised Statutes 35:12 lets a clerk treat as grounds to refuse a notarized filing. Louisiana law does not require separate certificates, and the Revised Statutes 35:511 individual form covers several appearers at once; three certificates leave signers free to appear on different days before different officers. Filing with the clerk of court of the parish where the land lies makes the act effective against third persons under articles 3338 and 3347. Seven recorded pages price at $205 on Jefferson Parish's published schedule, and page one reserves two inches for the clerk's stamp.

Searched as a spousal joinder quitclaim, a quit claim deed with spouse signature, or a non-owner spouse release deed, this Louisiana quitclaim deed is written in the state's civil law vocabulary. The purchase delivers the blank three party deed as a fillable PDF, a completed example on a Jefferson Parish fact pattern where an inherited Metairie lot moves to a purchaser, and a plain language guide covering each numbered section, the concurrence articles, both execution paths, and parish recording. These materials are informational and are not legal advice.