Wyoming Quitclaim Deed (Partnership or Limited Partnership Grantor)

Wyoming's partnership statute puts the deed in the hands of any partner. Under Wyoming Statutes 17-21-302(a), partnership property held in the name of the partnership may be transferred by an instrument of transfer executed by any partner in the partnership name, and Wyoming Statutes 17-21-301 makes each partner an agent of the partnership. This Wyoming quitclaim deed is drawn for that grantor side: the partnership conveys and quitclaims the interest it holds, and numbered blanks put the authority behind the signature on the deed.

Broad signing power, and the limit riding with it

The agency rule has an edge. A partner's act binds the partnership when it is apparently for carrying on the partnership business in the usual way, and does not bind where that partner lacked authority in the particular matter and the person dealing with the partner knew or had notice of it. Wyoming Statutes 17-21-302(a)(iii) supplies the remedy: the partnership may recover the property if it proves the instrument did not bind it, unless the land has reached a later transferee who gave value without notice. Hence Section 2, taking the partnership agreement provision and any statement of partnership authority recorded under Wyoming Statutes 17-21-303, where a recorded certified copy granting authority over partnership real property is conclusive in favor of a person giving value without knowledge to the contrary. Wyoming Statutes 17-21-105(b) requires that copy to be certified from the secretary of state's filing, and subsection (g) cancels a filed statement after five years.

A limited partnership signs through its general partner

Wyoming Statutes 17-14-503(a) routes the limited partnership back to those rules, giving a general partner the rights and powers of a partner in a partnership without limited partners, except as the act, that section, or the partnership agreement provides. Who those general partners are has been public since formation, because Wyoming Statutes 17-14-301(a) puts each one's name and business address in the certificate of limited partnership. Limited partners stay off the signature page, tracking Wyoming Statutes 17-14-403(a), and a registered limited liability partnership signs no differently, since Wyoming Statutes 17-21-1102(a) keeps it the same entity it was before registration.

What the two operative verbs carry

Wyoming Statutes 34-2-104 supplies the words and 34-2-105 the measure: rights held at delivery, nothing acquired later unless the deed adds wording for it, and no covenant of title, since Wyoming Statutes 34-1-135 implies none. Wyoming Statutes 17-21-203 makes property acquired by a partnership the partnership's, not the partners'.

Two partner signatures, two certificates, and a capacity line

Section 1 recites the partnership, its type, and its jurisdiction. The grantee section takes the names plus the mailing address Wyoming Statutes 34-1-119(a) makes a condition of recording, and a separate section the ownership form the grantees will hold, Wyoming presuming no survivorship from co-ownership alone. The operative section carries in substance the homestead release and waiver wording of Wyoming Statutes 34-2-121, and recites that each signer signs for the partnership, not individually. Section 11 holds two signature blocks, each with a printed name, a date, and a partnership title line. A certificate in the representative capacity short form of Wyoming Statutes 32-3-115 then follows each block, so two general partners may acknowledge days apart in different counties. A partnership signing through a single partner leaves the second block blank. A partnership deeding a parcel to a partner being bought out, and a partnership clearing an old interest out of the partnership name, present the pattern this deed recites, searched as a partnership quit claim deed or an LP quitclaim deed. It is not set up for an individual owner, a company or trustee grantor, or title held in the individual names of partners.

At the Wyoming county clerk

Filing happens in the county where the land lies, priced statewide by Wyoming Statutes 18-3-402(a)(xvi), and Wyoming levies no deed transfer tax. Two items are prepared apart from this package and reach the counter with the deed: the sworn and confidential Statement of Consideration that Wyoming Statutes 34-1-142(b) makes a condition of acceptance, prepared on the State Board of Equalization form, and, where the partnership relies on one, a certified copy of its filed statement of partnership authority.

The package ships the fillable deed in the layout Wyoming's largest counties publish, one completed example worked through a Park County conveyance out of a Wyoming limited partnership, and a section by section guide treating the authority statutes, the homestead question, notarization, and recording. The materials are informational and are not legal advice.