Indiana Quit Claim Deed (Form QCD-1)
Indiana Quit Claim Deed is defined by state law (§ 32-17-2-2) as a legal instrument that “passes all the estate that the grantor may convey by a deed of bargain and sale.” In this arrangement, the Grantor refers to the party who holds an interest in a piece of land. By executing a Quit Claim Deed, they agree to give up their interest to a party called the Grantee. There are many reasons they may want or need to do so. For instance, a parent may want to gift their child their property, or a divorcee may be ordered to transfer property to their former husband or wife as part of a divorce agreement.
Mailing address (§ 32-21-2-3(b)): The Deed must state the mailing address where tax statements may be mailed. The address must be stated at the end of the conveyance and immediately preceding or following the statements required by the provision IC 36-2-11-15.
Name of Grantor (§ 36-2-11-15(b)): The Grantor’s name must be “typewritten, stamped, or signed in a legible manner at the conclusion of the instrument.”
Paper and formatting guidelines (§ 36-2-11-16.5(b)): Particular paper and formatting guidelines must be upheld for the Deed to be duly recorded. Specific requirements are noted regarding the page/s of the Deed such as:
- Page measurement requirements,
- Page color and weight requirements,
- Margin requirements, and
- Text requirements.
Social Security number (§ 36-2-11-15(b)): It is necessary to redact all Social Security numbers if not legally required.
Signing requirements (§ 32-21-2-3(a)): All Quit Claim Deeds in Indiana must be acknowledged by the Grantor or proved before one of the eleven (11) parties permitted by this provision to provide the required proof. § 32-21-1-1 states that the Deed must be “in writing and signed by the party against whom the action is brought or by the party’s authorized agent.” In other words, the Grantor or their authorized agent is required to sign the Deed.
How to file a Quit Claim Deed in Indiana (§ 32-21-2-3): It is a requirement for a recording of the Deed to be made in the County Recording Office where the property is based. This document provides some indication of the fees that must be paid by the party filing the Quit Claim Deed. However, it should be noted that as it was published in 2017, current fees may be different.
IC 36-2-11-14 notes an additional requirement for the Deed to be recorded. That is, the auditor of the proper country must endorse it as:
- “Duly entered for taxation subject to final acceptance for transfer”,
- “Not taxable”, or
- “Duly entered for taxation” as provided by IC 36-2-9-18.
As set out by IC 32-21-4-1(b), when it comes to the recording of legal documents, Indiana abides by a “race-notice statute.” To explain the implications of this complex statute in simple terms, it is absolutely essential that the Quit Claim Deed is filed immediately after execution. Not filing it quickly enough opens up the possibility that another bona fide purchaser of the property will file their Deed and thus obtain ultimate ownership of the property.