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

A partnership is neither a corporation nor a limited liability company, and South Dakota gives it its own deed rule. Under SDCL 48-7A-302, real estate held in the partnership name is transferred by an instrument executed by a partner in the partnership name. That is the architecture of this fillable quitclaim deed: the partnership alone is the Grantor, and Section 2 records the signing partner's name and capacity.

The signature the partnership act contemplates

Chapter 48-7A is South Dakota's Uniform Partnership Act, and its definitions at SDCL 48-7A-101 count a deed as a transfer. Each partner is an agent of the partnership for the purpose of its business under SDCL 48-7A-301, and SDCL 48-7A-303 lets a partnership file a statement of partnership authority naming the partners authorized to execute an instrument transferring real property held in the partnership name. That section's real property provisions run through a certified copy of record, so Section 3 takes the recording reference of one, or the word None.

When the record shows partners' names instead

SDCL 48-7A-302 sorts the question by how record title reads: title in the partnership name is one case, and title in the names of one or more partners is another, where the statute describes an instrument executed by the persons in whose name the property is held. Farm and ranch partnerships meet that split often, because ground contributed decades ago sometimes never left the contributors' names. Section 9 collects the vesting instrument, so the face of the deed shows which case the parcel belongs to.

Four labels, one signature line

A general partnership, a limited partnership, a limited liability partnership, and a limited liability limited partnership reach the same signing page. SDCL 48-7-403, in South Dakota's Uniform Limited Partnership Act, gives a general partner the rights and powers of a partner in a partnership without limited partners, subject to that chapter and the partnership agreement. Section 1 records the label and state of organization; Section 2 the capacity, where a limited partner's absence shows.

Interest passes, with the implied covenants shut off

The operative words come from the 1911 standard form now at SDCL 43-25-7: conveys and quitclaims. SDCL 43-25-8 measures their reach at the date of the conveyance, and later-acquired title stays behind unless the deed adds words expressing that intention. Two narrow covenants otherwise arrive with quitclaim words unless express terms restrain them, one against an earlier conveyance of the same estate, one against encumbrances traceable to this grantor. The conveyance section restrains both in capital letters, and adds the line an entity deed needs: the signing partner makes no personal covenant.

One partner signs, and nobody else

One signature block carries the printed-name line SDCL 43-28-23 requires, and one notary certificate takes the signer's name with the representative capacity. No seal waits on this quit claim deed, since SDCL 43-25-25 leaves a grant intact without one. Homestead concurrence under SDCL 43-31-17 speaks to an owner who is married, and a partnership has no spouse; nor does a partner's own marriage reach the land, since SDCL 48-7A-501 makes a partner no co-owner of partnership property. Configurations appearing in the record include a farming partnership selling a quarter section held in the partnership name, and a family limited partnership releasing a platted lot to its majority-interest owner. Partners who must all sign, a partnership winding up under SDCL 48-7-803, an individual conveying personally, and corporate, company, or trustee grantors each print a different configuration. Grantees may be one or several, with Section 5 taking a co-ownership designation measured against the interest-in-common default of SDCL 43-2-12.

The partnership entry in the exemption list

Thirty dollars covers a deed's first fifty pages under SDCL 7-9-15. The SDCL 43-4-21 transfer fee runs fifty cents per five hundred dollars of value, collected before recording; the example's $196,000.00 consideration yields $196.00. One subdivision of SDCL 43-4-22 is written for these entities: (14) reaches a transfer between an individual grantor or grantors and a limited or general partnership where the grantors and the owner of the majority interest are the same person. SDCL 43-4-23 has an exemption marked on the instrument, which Section 10 receives, and the SDCL 7-9-7 certificate of real estate value files separately.

The package holds three files: the blank deed as a fillable PDF, a completed example on a Brookings County sale by a South Dakota limited partnership, and a plain-language guide to the thirteen sections and the recording package. The materials are informational and are not legal advice.