Idaho Quit Claim Deed Form
The Idaho Quit Claim Deed is one of the primary legal means for transferring ownership of real property in the state of Idaho. Primarily, the legal form is used to transfer all interest the executor of the form, called the Grantor, has in a given property to another party, called the Grantee. As it is unable to offer any guarantee of title, it recommended for use when the Grantee has confirmation of the Grantor’s sole ownership of the property. It is also a tool for completing a number of other important real estate tasks, such as adding or removing a name to a Deed.
Laws: Idaho Code, Title 55: “Property in General,” Chapter 6: “Transfer of Real Property”
Idaho’s laws relating to Quit Claim Deeds are not neatly found in one set of laws. Instead, the main laws governing this type of Deed has been provided above.
Name and address (§ 55-601): The Grantee’s name and their complete mailing address must be stated on the Deed form.
Wording to omit (§ 55-612): It is crucial to omit the word “grant” from the Quit Claim Deed as it implies a guarantee regarding the conveyance (i.e., a warranty of title) that is not possible via this type of Deed.
Written documentation (§ 55-601): It is a requirement that conveyances of an estate in real property must be “made by an instrument in writing.” As such, using a Quit Claim Deed form (as provided above) to execute a Quit Claim meets this requirement.
Signing requirements (§ 55-805): The party executing the form (i.e., the Grantor) must acknowledge the form before at least one (1) officer who is authorized to take acknowledgments in the state.
How to file a Quit Claim Deed in Idaho (§ 55-805): It is mandatory for the Quit Claim Deed to be filed in the County Recorder’s Office in the county the property can be found. The Recorder’s Office (§ 31-3205) has the right to charge a fee for their service, so the party filing should ensure they are prepared to pay a filing fee.
Similar to many states, Idaho adheres to a “race-notice statute,” as provided by § 55-811. Essentially, this statute necessitates the recording of the Deed so it will stand as “notice” to any subsequent parties who try to assert their interest in the property. If no recording exists, and a subsequent party with interest in the property makes a recording of their Deed, their claim to the property will be viewed as valid, while the claim of the party with the unrecorded will be viewed as invalid.