Louisiana Quit Claim Deed Form
A Louisiana Quit Claim Deed is a regularly used legal instrument that conveys property title from a party called the Grantor to a party called the Grantee. Before executing this document, it should be kept in mind that the Grantor cannot use the document to make any guarantees about whether the property has a clean title. They are moreover unable to guarantee that they even own it, or have any interest whatsoever in it. Why, then, do so many people choose to execute one? If the Grantee has already verified that the Grantor does indeed own or have an interest in the property, filing a Quit Claim Deed (as opposed to another type of Deed) can expedite the transfer of the property. It also usually proves to be relatively cheaper and easier to execute.
Laws (CC 1839): Louisiana Laws, Civil Code
Louisiana’s state laws do not explicitly mention Quit Claim Deeds. However, they are supported by a variety of provisions in Louisiana’s Civil Code, as outlined below.
Mandatory inclusions (CC 3352): In order to record the Quit Claim Deed, the following information should be present in the form:
- The Grantor and Grantee’s full name, domicile, and permanent mailing address,
- The Grantee and Grantor’s marital status*,
- A declaration regarding whether there has been a change in the marital status of any party who is a transferor of the interest since he or she acquired it, and if so, when and in what manner the change occurred,
- If available, the municipal number or postal address of the property,
- The final four (4) digits of the mortgagor’s social security number or taxpayer identification number, whichever is applicable,
- The identification number of the Notary or the bar roll number of the attorney, and
- The typed, printed, or stamped names of the Notary and witnesses.
Marital status (RS 35:11): * CC 3352 only requires that the names of the Grantor and Grantee’s respective spouses are provided, or, if one or both are unmarried, for a declaration stating this unmarried status to be provided.
However, RS 35:11 states further requirements. Namely:
- If one or both parties are men, they must be described as a) single, b) married, or c) widower.
- If they are married or widower, they must provide the Christian and family name of wife.
- If one or both parties are women men, they must be described as a) single, b) married, or c) widow.
- If they are married or a widow, they must provide their Christian and family name. They must also state that she is the wife of or widow of [the husband’s name].
The reason Louisiana asks for such details is that it is a community property state. Basically, in a community property state, if a property is acquired by one spouse during a marriage, it is “community property” (i.e., owned by both spouses) in the eyes of the law.
Signing requirements (CC 1839 and CC 1840): All Quit Claim Deeds must be duly signed by the Grantor and certified by either a Notary Public or an officer who is legally empowered to take acknowledgments.
Further to this, as the Quit Claim Deed concerns the “transfer of an immovable property,” it is considered to be an “authentic act.” As CC 1833 stipulates, in addition to authorization by a Notary Public or officer, all authentic acts (i.e., the Deed) must be executed in the presence of two (2) witnesses. Both witnesses, as well as the Notary/officer, must sign the form. It should be noted that the Notary may not serve as a witness.
How to file a Quit Claim Deed in Louisiana (CC 517): All Quit Claim Deeds in Louisiana must be “filed for registry in the conveyance records of the parish in which the immovable is located.” In most parishes, the recording can be made at the Clerk of Court’s Office in the parish where the property is situated. However, some parishes have
It is important to be aware of the fact that while most states uphold a “race-notice” or “notice recording statute,” Louisiana upholds a relatively stricter “race recording statute” (also referred to as a “race to the courthouse” statute). Delaware and North Carolina are the only two other states with this statute in place.
The main takeaway is that the party who executes and files a valid Deed first when there is a disagreement about the ownership of a given property will prevail. As such, it is absolutely crucial for all Louisiana Quit Claim Deeds to be filed immediately upon completion.