Arkansas Quit Claim Deed Form
The Arkansas Quit Claim Deed is a type of deed that allows one person to transfer ownership of property without warranty that the title is free of defects. It makes a formal record that the party transferring an interest in a property, called the “grantor”, will “quit” all claims to it. This is done so that the party receiving the property, the “grantee”, can do so in the knowledge that the grantor has completely released their claim to the property. The form is primarily used to streamline the transfer of property from one family member to another, one spouse to another, and one ex-spouse to another.
Language to avoid (§ 18-12-102): It is crucial that certain language is avoided so as to not allude to a guarantee of property title that only a warranty deed provides. The three (3) words that should not appear in the form are:
- “Bargain,” and
The form’s appearance (§ 14-15-402(b)): As stated below, it is mandatory for the form to be recorded in the county recorder’s office. State law notes a number of requirements regarding the form’s appearance that must be met in order for the recording to take place. For example, the form must be legible, appear on eight and one-half by eleven inch (81/2″ x 11″) paper, and reflect specified margin dimensions.
Spousal responsibility (§ 18-12-403): If the property is the homestead of a married couple, both spouses must join the execution of the deed in order for it to be considered legally valid. The only exception is if one (1) spouse conveys by a separate document, and acknowledges it.
In accordance with § 18-12-104, The form must be either be a) executed before two (2) disinterested witnesses, or b) acknowledged by the grantor before two (2) witnesses, who must then subscribe the deed. If the witnesses do not subscribe to the form at the time of its execution, they must state the date they do so with their signatures.
How to File a Quit Claim Deed in Arkansas
According to § 14-15-404, once the deed has been executed, it must subsequently be recorded (i.e., filed) in the county recorder’s office where the property is located, which is called the Circuit Clerk.
The importance of recording the deed as soon as possible cannot be stressed enough. Similar to the filing requirements of an Alaska Quit Claim Deed, Arkansas has a “race-notice statute.” The implication is that the first party to record the deed to a property—even if they obtained the deed after another party—may legally claim ownership of the property.
Another consideration to keep in mind is that the office will charge a recording fee. The fee may vary from office to office. As some indication of what may be charged, consider that many of the offices charge fifteen dollars ($15.00) for the first page and five dollars ($5.00) for each additional page.
It is vital to file the deed within sixty (60) days of obtaining notarization. Failure to do so will result in the form being rendered invalid.
There are two (2) main Circuit Court offices; the Northern District Office and the Southern District Office. Details of these offices have been provided below:
Arizona County Recorder Offices
|Circuit Clerk: Northern District Office||Circuit Clerk: Southern District Office|
|Address||302 South College, Stuttgart, Arkansas 72160||101 Court Square, Dewitt, Arkansas 72042|
|Opening Hours||8:00 to 4:30 Monday to Friday||8:00 to 4:30 Monday to Friday|
|Phone Number||(870) 673-2056||(870) 946-4219|