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

When a South Carolina limited partnership puts land on the record, a sworn document reaches the county before the deed does. This quitclaim deed is written for the conveyance that follows: a general partnership or a limited partnership stands alone as grantor, one partner signs in the partnership name, and one named grantee takes whatever interest the partnership holds, released without covenant or warranty of title. Also written as a quit claim deed, and called a non-warranty deed in South Carolina practice, it promises nothing about title, so Section 30-5-35 of the South Carolina Code leaves it outside the derivation clause other deeds carry, though the grantee's mailing address remains required.

The filing that reaches the index first

Section 33-42-300 puts a recording step ahead of the conveyance. A limited partnership that owns real property here shall, before conveying any interest in it, file an affidavit in the county holding the index to deeds, naming the partnership, where its certificate of limited partnership is filed, and the general partners authorized to sign documents for the property. It is indexed in the partnership name in both the grantor and grantee indices, and subsection (b) makes the facts it describes conclusively presumed in favor of the partnership and against a grantee. That affidavit is its own recorded instrument, prepared separately and not part of this package; Section 3 of the deed carries its book and page. A general partnership grantor has no such filing.

Title in the partnership name, conveyed in the partnership name

South Carolina's original Uniform Partnership Act still governs. Section 33-41-230(3) provides that any estate in real property may be acquired in the partnership name, and that title so acquired can be conveyed only in the partnership name, which is why the entity executes this deed rather than the partners as co-owners. Section 33-41-320(1) supplies the signature: any partner may convey title standing in the partnership name by a conveyance executed in that name, and the partnership may recover the property unless that act bound it under Section 33-41-310(1) or the land has reached a holder for value without knowledge the partner exceeded authority. Section 33-42-630(a) carries the same power to a limited partnership's general partner.

The partnership grantor configuration

Section 1 names the partnership as its record title reads, with the type of partnership, the state of organization, and a mailing address. Section 2 names the signing partner, the capacity held, and the authority relied on, such as a provision of the partnership agreement with a written consent of the partners. Section 10 sets the partnership name above one signature line with printed name, date, and capacity entries, then two witness blocks, the pair Sections 27-7-10 and 30-5-30(B) contemplate on a South Carolina deed, and one acknowledgment certificate for the single signer. A family limited partnership releasing a tract to a partner against a reduction in that partner's interest, and a partnership closing out whatever interest it holds in ground where the partnership name never reached the record, present the patterns this deed recites. The form recites one partnership as grantor and one partner signing for it; co-owners signing in their own right, a corporate officer, a member or manager of a limited liability company, and a fiduciary signing in a trust capacity each follow a different pattern.

Deed stamps between a partnership and its partner

Deed stamps run under Section 12-24-10 at one dollar and eighty-five cents per five hundred dollars of the realty's value, and Section 12-24-30 measures a transfer between an entity and its partner by fair market value, not the recited figure. Section 12-24-40(8) keeps a transfer from a partnership to a partner subject to the fee even where the property lands in another entity, and paragraph (9) then opens a door for families: a deed from a family partnership to a partner is exempt where no consideration passes beyond a reduction in the grantee's partnership interest. The completed example runs on that paragraph, recording with the exemption reason in place of an amount, beside the flat fifteen dollars Section 8-21-310 charges to record any deed.

The download is three files: the blank partnership grantor deed as a fillable PDF, a completed example worked on an Aiken County fact pattern, and a plain language guide covering the ten sections, the authority entries, the signing mechanics, and recording. These materials describe South Carolina law in general terms and are not legal advice.