Delaware Quit Claim Deed Form
Delaware Quit Claim Deed is an official legal form that represents an arrangement for a party known as the grantor to transfer all of their interest in a property to a party known as the grantee. It is designed for use only in situations where the grantee does not require proof that there are no other claimants to the property. It should also be kept in mind that along with not establishing any title, this document does not prove that the property is free of debt or liens. Considering that this type of deed is relatively more straightforward and less expensive to complete than a warranty deed, it offers substantial benefits to those who decide to use it.
Laws: § 121 to § 135
- Wording (§ 121(b)): The words “grant and convey” should not be used as these words are reserved for use in other types of deeds. Usage of them may result in the deed being deemed unusable. Instead, the arrangement should be described as a “quit claim.”
- Grantee’s Address (§ 133): State law specifies that the Grantee’s address must be included.
- Signing Requirements (§ 122): The deed must be signed by the Grantor and notarized.
- Additional Mandatory Form (§ 9605): It is a requirement that the Affidavit of Residence (Form 5402).pdf be completed and given to the Recorder prior to filing the deed.
How to File
According to § 9605, in order for a quit claim deed to be filed in the state, it must be brought to the Recorder’s office of the county in which the property is found. That is, it should be recorded in Kent County, New Castle County, or Sussex County. Each county may have specific requirements for filing the form, so due diligence should be taken to uphold said requirements. Moreover, the fee each county demands for filing may differ, so it is advised to come prepared to make a payment.
A noteworthy state law provision that must be kept in mind when it comes time to filing the Deed is § 153: Priority of deed concerning lands or tenements. This provision states:
“A deed concerning lands or tenements shall have priority from the time that it is recorded in the proper office without respect to the time that it was signed, sealed and delivered.”
Delaware is one (1) of only three (3) states in the country that has what is termed a “race statute” or “race to the courthouse” statute. Most other states have either a “race-notice” or “notice” statute. Essentially, a race statute means that whichever valid Quit Claim Deed is recorded first will prevail over all other recordings.