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

What stalls a partnership conveyance is rarely whether the partnership owns the parcel. It is which partner can sign for it, and Montana answers that in two places, one of them the county record where the deed itself is filed. This Montana quitclaim deed is built for a partnership grantor: one partner executes in the partnership name in a stated capacity, and the grantee receives whatever right, title, and interest the partnership holds at delivery, with no warranty of title.

Authority that can sit in the county index

Montana Code Annotated Section 35-10-302(1)(a) lets a partner transfer partnership property held in the partnership name by an instrument executed in that name, subject to a statement of partnership authority under Section 35-10-310. It goes to the secretary of state and must name the partners authorized to convey real property held in the partnership name. Section 35-10-310 then does something unusual for an entity filing: it sends a certified copy to the county. A grant of authority over real property, in a certified copy recorded where transfers of that property are recorded, is conclusive for a person giving value without knowledge to the contrary, unless a copy carrying a limitation is also of record. Read the other way, a recorded limitation counts as known to anyone who is not a partner. Section 8 takes the recording reference for each such copy, and reads None recorded when the index holds none.

Which partner signs, and why the answer splits

The capacity blank in Section 2 carries the most weight, because Montana's two partnership chapters answer that question differently. For a general partnership or a limited liability partnership, Section 35-10-302(1)(a) accepts a partner, and such a partnership needs no filing at all: under Section 35-10-202, co-owners carrying on a business for profit create one whether or not they meant to. For a limited partnership or a limited liability limited partnership, the power sits with the general partners, because Section 35-12-809(1) gives each general partner equal rights in managing the entity's activities, while Section 35-12-706 gives a limited partner, acting as one, no power to bind it. Hence no limited partner signature line.

Nothing promised about the title

Montana hangs implied deed covenants on one word: under Section 70-20-304, a fee conveyance carrying the word grant brings a covenant against the grantor's own earlier conveyance and one against encumbrances of the grantor's making. This operative section withholds that word, remising, releasing, and quitclaiming instead, with those covenants restrained expressly and the after-acquired title mechanism of Section 70-20-302 disclaimed. An easement, an assessment lien, and a plat restriction all outlive the conveyance.

One partnership, one signature, one certificate

Section 1 recites the partnership name, its type, and the jurisdiction under whose laws it exists; Section 2 recites the signing partner, that partner's capacity, and the authority relied on. Section 12 carries one signature line for the partnership by its authorized partner, and a representative-capacity acknowledgment certificate follows, naming the individual, the capacity, and the party for whom the instrument was executed, per Section 1-5-610. Because property acquired by a partnership belongs to the partnership and not to its partners individually under Section 35-10-203(1), nobody signs individually and no spousal joinder block appears. Arrangements putting a partnership on the grantor line of a Montana quit claim deed include a parcel released to a partner in redemption of part of that partner's interest, and a general partnership deeding out to the limited liability company its partners formed to succeed it. The form is not set up for two partners executing together, for a signer under a power of attorney, or for a parcel whose record title stands in individual partners' names, which Section 35-10-302(1)(b) addresses separately.

What the clerk and recorder needs

Recording happens in the county holding the land, at $20 for a first page plus $10 per additional page for deeds recorded on or after October 1, 2025. One body entry is an acceptance condition, not a nicety: under Section 7-4-2618 the clerk and recorder may not receive a deed lacking the grantee's post-office address. The Department of Revenue's Realty Transfer Certificate travels to the counter with the deed, carrying price information on a confidential filing, and is prepared separately.

The download delivers this partnership quitclaim deed as a fillable PDF, a completed example worked out for a Carbon County release by a Billings general partnership, and a plain language guide covering the sections, notarization, and recording. The materials are informational and are not legal advice.