Delaware Quit Claim Deed Form

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The Delaware quitclaim 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.

Affidavit of Residence (Form 5402) – Must be attached to the Quit Claim Deed for it to be accepted by the County Recorder (§ 9605)

Laws – § 121

Recording – Once complete the Quit Claim and Affidavit of Residence must be recorded at 1 of the following counties: Kent County, New Castle County, or Sussex County.

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.

Signing (§ 122) – All quit claim deeds must be authorized in the presence of a notary public.

How to Write

Step 1 – The Delaware Quit Claim Deed form may be downloaded directly to your computer utilizing one of the buttons on the right, below the image. You may choose to download a PDF, ODT, Word file or all of the above. It is worth noting that you may only edit a PDF file onscreen using a form friendly browser or a valid PDF program.

Step 2 – In the “Prepared By” section, the individual filling out the information in the body of this form should be documented. The information required will be the Name and Address of the Preparer. There will be a blank line for “Name,” two blank lines for the “Address,” one to report the “State,” and one to report the “Zip Code.”

Step 3 – In the “After Recording Return To” section, the Mailing Address, as well as the Name of the Mail Recipient, must be recorded. Here, too, there will be a blank line for the “Name,” two blank lines for the “Address,” one for the “State,” and one for the “Zip Code” of the Mail Recipient. Make sure to fill out both the “Prepared By” and “After Recording Return To” section accurately.

Step 4 – Just below the title, enter the County where the Property whose claim rights are being transferred is located on the blank line preceding the word “County.”

Step 5 – On the first blank space below the words “Know All Men By These Presents,” report the Amount of Money the Grantor must receive to release his/her interest or claim to the Property. Write this out on the first blank space and enter the Dollar Amount numerically on the blank space in the parentheses.

Step 6 – On the blank space, located at the end of the second line of this paragraph, document the Name of the individual who shall have the right to make a claim to the Property in focus. The Name of this party must be further defined by writing in the word “Grantee” on the next available space. Then, on the blank space to the right of the words “residing at,” report the Street Address where the Grantee resides. This will be further defined by entering the County where the Grantee resides on the blank space after the phrase “County of.” Then, report the City on the blank space after the phrase “City of” and the State where the Grantee resides on the blank space following the phrase “State of.”

Step 7 – Next, it is necessary to confirm the County where the Property is geographically found. You may confirm the County on the blank line following the phrase “situated in.” On the blank lines above the words “Insert Legal Description Here or Attach and Insert,” this Property must be fully and specifically described. This, at a minimum, should include such facts as the exact Address of the Property and an adequate description.

Step 8 – The second page will contain three distinct areas for the binding effect of this document to be valid. The first area is designated for the Grantor Signature. Here there will be four labeled lines near the top: “Grantor’s Signature,” “Grantor’s Name,” “Address,” and “City, State & Zip.” Every party that will release claims to the Property as a result of the payment submitted (listed in Step 5) is considered a Grantor and must provide his or her Signature, Printed Name, and Address in this area. If there are more than two Grantors, then you must include their Signatures, Printed Names, and Addresses as well. Make sure to include this by adding another column or by attaching a separate (labeled) document.

Step 9 – The second area on this page (“In Witness Whereof”) is designated for the Witnesses who are present at the Grantor signing. Each Witness must Sign his or her Name, Print his or her Name, and report his or her Address. There will be four lines supplied for this purpose: “Witness’s Signature,” “Witness’s Name,” “Address,” and “City, State & Zip.” As with the Grantor Signature area, you may add more space if there are more Witnesses (they will also have to provide these items) or attach a document with the balance of Witness Signatures.

Step 10 – This filing will need a Notary Public witnessing the Signing of this form to notarize it. Only a Notary Public may fill in the County, Parties present, and Date. This will be finalized with the Notary Public Number, Notary Seal, and Commission Expiration Date.

Step 11 – Finally, you will need to contact the Delaware County Recorder of Deeds where the Property is located for their submission guidelines. While Delaware is only divided into three counties, each one has its own requirements. For instance, Kent County will require a New Property Owner Information form to be submitted with a Delaware Quit Claim Deed submitted as part of a Property Transfer. Once you have ascertained the requirements of the Property’s Delaware County Recorder of Deeds, you may organize your documents into an organized package and submit the Delaware Quit Claim Form as instructed.