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Delaware Quit Claim Deed

A Delaware quit claim deed is a deed used by a seller of real estate to transfer their interest to a buyer. Unlike a warranty deed, this type of deed does not include a guarantee that the property is free from other interests.
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Laws

  • Affidavit of Residence (Form 5402) – Must be attached to the Quit Claim Deed for it to be accepted by the County Recorder (§ 9605).
  • Recording – Once complete, the quit claim deed and affidavit of residence (Form 5402) must be recorded at the county the property is located (Kent County, New Castle County, or Sussex County).
  • Signing (§ 122) – All quit claim deeds must be authorized in the presence of a notary public. In some instances, deeds may also be proved in the Superior Court by one or more subscribing witnesses.
  • Statute – § 121
  • Specific Language – The document should simply contain the word “quitclaim” when describing the transfer of ownership.