Updated December 11, 2023
A Delaware quit claim deed is a deed used by a seller of real estate to transfer his or her interest to a buyer of real estate. Unlike a warranty deed, this type of deed does not include a guarantee that the property is free from other interests. Rather it merely states that the seller will no longer claim an interest in the real estate and that any interest he or she may have will be the buyer’s interest. As with all real estate transfers, you will want to have a title search done on the property records so that you know what interest you are actually purchasing.
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 statutory form shows the terms “grant and convey” which provides a warranty on the title. Rather, the document should simply contain the word “quitclaim” when describing the transfer of ownership.