Phelps County Quitclaim Deed (Married Couple as Grantors) Form

The grantor section of this Nebraska quitclaim deed recites a marriage, not just two names. Prepared for a married couple as grantors, the form moves both spouses through a single instrument: a block for each spouse's name, mailing address, and marital status, a signature line for each, and an acknowledgment certificate for each, together releasing to a named grantee whatever right, title, and interest either spouse holds in the described Nebraska real estate.

A deed that carries the marriage on its face

The form recites exactly two grantors, married to each other, and a printed recital above the grantor blocks states that relationship and that each spouse executes and acknowledges the deed. Below the signature lines, a printed name line for each spouse satisfies the name-under-signature rule of Neb. Rev. Stat. Section 23-1503.01(3), and the paired certificates let the spouses acknowledge on different dates or before different notarial officers; Section 64-204 accepts any certificate containing the words acknowledged before me, so the per-spouse certificate is the form's architecture rather than a statutory demand. Married parents deeding a house to an adult child, spouses moving a parcel to a relative in an intrafamily sale, and a couple releasing their shared interest to wind up a family arrangement present the married-couple pattern this deed recites. A sole owner, and co-owners who are not married to each other, present patterns built differently than the married-couple layout here.

When title names one spouse and the law wants both

Nebraska's homestead statute follows the marriage, not the deed index. Under Neb. Rev. Stat. Section 40-104, the homestead of a married person can be conveyed only by an instrument that both spouses execute and acknowledge, and the rule reaches a home whose record title stands in one spouse's name alone. An instrument short one spouse's acknowledgment fails as a conveyance of the homestead. This form absorbs that case natively: the second spouse signs and acknowledges as a named grantor even where that spouse holds no separate record interest, so a couple's homestead conveyance arrives at the counter with both acknowledgments already in place. The included guide sets out the statute, its exceptions, and the leading Nebraska Supreme Court reading.

A release measured by what the spouses hold

The operative words remise, release, and forever quitclaim the grantors' interest, and the deed states in terms that it conveys without covenant or warranty of title. What passes is the couple's position exactly as it stands at delivery; the grantee takes the property subject to mortgages, easements, taxes, and whatever else the record carries. Nebraska publishes no official quitclaim deed form, so this character comes from the instrument's own words, printed in the conveyance section with no blanks to complete.

Stamped, statemented, and recorded in one visit

The deed records with the register of deeds in the property's county, on pages formatted to the Nebraska statutes: a three inch recording space across the top of page one, the title and return address beneath it, and one inch side and bottom margins, with the $10.00 first page and $6.00 additional page fees of Section 33-109. A grantee-signed Form 521 Real Estate Transfer Statement accompanies every deed under Section 76-214, and the register collects the documentary stamp tax, at $3.32 for each $1,000 of value, from the grantors before accepting the deed. Family transfers often change that arithmetic: Section 76-902 exempts certain conveyances without actual consideration between parent and child and between spouses, claimed with a signed certification, and the completed example in this package walks exactly that path, a Sarpy County couple deeding the family house to their daughter with the exemption recited in the consideration section.

What arrives with the form

The download contains the married-couple quitclaim deed as a fillable PDF, the completed Sarpy County example, and a plain language guide covering every entry, both acknowledgments, the ways grantees hold Nebraska title, and each recording step. A quit claim deed or quick claim deed from a husband and wife, as searches often put it, enters the Nebraska record under this instrument's proper name, the quitclaim deed. The materials are informational and are not legal advice.