Smith County Quitclaim Deed (Married Couple as Grantors) Form

The grantor section of this Tennessee quitclaim deed holds two names and one recital: the grantors are married to each other. Built for a married couple giving up whatever interest the two spouses hold in Tennessee real property, the form carries the couple's combined release to one grantee, without covenant or warranty of title.

A release built around the marital estate

Tennessee folds a married couple's co-owned real property into the marriage itself. Spouses who took title together ordinarily hold a single marital estate, one that neither spouse acting alone can carve up during the marriage, so the whole interest leaves the record only when both spouses put it there. This deed is drawn on that premise from its first line. It names the spouses side by side, states the marriage on the face of the instrument, and carries an operative sentence in which both grantors declare their joint consent to the conveyance, including consent as to any homestead interest of either spouse, the consent Tennessee's homestead statute contemplates whenever a marital relationship exists and homestead property moves.

Tax lines that open for spouses

Recording a Tennessee deed collects the realty transfer tax, and a quitclaim keeping the statutory substance is taxed on the actual consideration the grantee gives, the number sworn in the oath block this deed carries. Married-couple transfers also sit beside a menu of statutory exemptions in T.C.A. Section 67-4-409(a): the creation or dissolution of a tenancy by the entirety in specified spouse transactions, a deed by a transferor or the transferor's spouse into a revocable living trust, and the trustee's deed returning the property to the transferor or spouse, among others. A couple funding a joint living trust with an entireties parcel, and a couple ending an entireties estate through one of the exempt patterns, present recordings where the sworn amount and the exemption, not the parcel's market value, control what the register collects.

How the married-couple version is put together

The form recites exactly two grantors, natural persons married to each other, and one grantee. Each grantor has a signature line with printed name and date, and each has an acknowledgment certificate carrying the substance of the statutory certificate in T.C.A. Section 66-22-107, so the spouses may acknowledge on separate days or before separate notaries without re-signing anything. The numbered sections collect what Tennessee registers read at intake: the new owner's name and address, the party responsible for the property taxes, the assessor's parcel identification number, the derivation of title recital, and the source of the legal description. Spouses cashing out of co-owned family land in a relative's buyout, and spouses moving an entireties parcel into a joint revocable living trust, present the two-spouse pattern this deed recites. The form is not set up as a sole owner's release, as a conveyance by two co-owners who are not married to each other, or as an entity transfer; each of those patterns signs through a different configuration.

Still a quitclaim, with a quitclaim's honest limits

Searchers reach this instrument as a quitclaim deed, a quit claim deed, or a quick claim deed. Under T.C.A. Section 66-5-103(2) the operative substance is one sentence, and this form keeps it: the grantors quitclaim to the grantee all of their interest in the described property. What passes is that interest exactly as it stands, whatever it may be. Mortgages, easements, and unpaid taxes travel with the land, no covenant of title backs the transfer, and a deed that keeps the statutory wording also keeps the actual-consideration tax treatment reserved for true quitclaims.

The package holds the fillable two-spouse deed, a completed example set in a Hamilton County buyout between family co-owners, and a plain language guide that walks the nine numbered sections, the two acknowledgments, the sworn oath, and the trip to the register's counter. The guide and this page describe Tennessee law in general terms; none of it is legal advice.