Iowa Quit Claim Deed Form
An Iowa Quit Claim Deed is a legal document used when a person (known as the “Grantor”) intends to sell or gift interest in property (the rights) to another party (called the “Grantee(s)”) without including any guarantees that the deed is free of defects. As this legal instrument is unable to provide any warranties on the title, it is mainly used in situations where the Grantee personally knows and trusts the Grantor (family, for instance). Overall, the deed is commonly used for:
- Transferring the rights of property to family members (or a former spouse after a divorce),
- Removing a person from the title,
- Giving/transferring interest in property to a business subsidiary, and
- For fixing defects on the title.
Formatting (§ 331.606B(1)): For the form to be approved by the County Recorder, it must uphold specific formatting standards set by state law. They are:
- The form’s pages must not be permanently bound or in a continuous form.
- Any preprinted text must be a minimum of eight (8) points in size and have a maximum of no more than twenty (20) characters and spaces per inch.
- The first (1st) page of the form must have a top margin of at least three inches (3″) of vertical space from left to right for the Recorder to use. All other margins must be at least three-fourths of one inch (3/4″).
Required Information (§ 331.606B(2)): State law demands the following information be included in the deed:
- The name, address, and telephone number of the preparer of the deed* (typically the Grantor),
- The Grantor and Grantee(s)’ name,
- The taxpayer’s name and complete mailing address,
- A return address,
- The title of the document, and
- The legal description of the property.
In some cases, a parcel identification number and document/instrument number for statutory requirements may also need to be provided.
*The document preparer is defined under § 331.606A(1)(b) as, “the person or entity who creates, drafts, edits, revises, or last changes the documents that are recorded with the recorder.”
Homestead Properties (§ 561.13): In cases where the owner of a property is married and the property is a homestead, it is a requirement for their spouse to execute a deed on their own, or complete a power of attorney.
Signing Requirements (§ 558.31): Must be signed by the Grantor(s) and notarized by a Notary Public.
Additional Mandatory Documents: Two (2) documents must be completed and filed in conjunction with the deed, as follows:
- Real Estate Transfer – Declaration of Value (Form 57-006a).pdf: This form must be filed in accordance with § 428A.1.
- Groundwater Hazard Statement (DNR Form 542-0960): It is a state law requirement for any Declaration of Value form to be submitted with a Ground Water Hazard Statement. Here are instructions for filling out the form. It may also be necessary to file Attachment #1.
How to File
The form must be filed (“recorded”) with the County Recorder’s Office that corresponds to where the property is located. The filer should be aware that the office will charge a fee for recording the form. Moreover, they should be aware of the additional documents that must be filed, as noted in the section below.
IMPORTANT: Iowa has a “notice statute” for recording legal documents. Filing a deed is considered a means of giving “notice” about it to anyone else who tries to file a deed for the same property. In other words, if a purchaser comes along with a valid deed and they cannot see any other deed recorded for the same property, their form will be stand while the other unfiled form will become invalid. To avoid this situation, prompt filing of the completed deed is strongly recommended.