Maryland Quit Claim Deed Form
In order to easily transfer interest in land in the state of Maryland—where neither warranties nor guarantees are sought—it may be wise to file a Maryland Quit Claim Deed. Because proof of title does not need to be demonstrated like it does in other types of Deeds, piecing together a Quit Claim Deed is relatively pain-free. Moreover, it allows for costs to be kept down as consultation with a lawyer is not usually required to complete it. Thus, this legal form is an attractive option for conveying interest in a property within families, or between married or divorced couples.
Laws: Maryland Code, “Real Property”
Certification (§ 3-104(f)(1)): In order for a Maryland Quit Claim Deed to be duly recorded, it must bear:
- Certification from a Maryland attorney that the Deed was prepared by them or under their supervision, or
- Certification by a party named in the Deed that the instrument was prepared by them.
County-specific requirements (§ 3-104(f)(2)(3)(4)(5)): County-specific requirements must be upheld if the property is recorded in Frederick County, Prince George’s County, Talbot County, or the County Commissioners of Worcester County’s boundaries (as defined by its sanitary districts).
Formatting guidelines (§ 3-104(5)(e)): Every Quit Claim Deed made in Maryland must follow specific formatting guidelines established by state law, as follows:
- Any printed text must be in black letters in eight-point type (at minimum),
- Any typewritten text must be in black letters, in elite type (at minimum), and
- The paper used must be white and be “of sufficient weight or thickness as to be clearly readable.”
Intake sheet (§ 3-104(a)(1)(ii)): A complete intake sheet must accompany the Deed when it is presented to the Clerk of the Circuit Court for recording. Officially called the State of Maryland Land Instrument Intake Sheet (and more casually, a Land Intake Sheet), the form can be completed on a computer. Additional information about it can be found in (§ 3-104(g)(3)).
Married couples (§ 4-108(b)): Interest held by spouses in tenancy by the entirety may be granted in a number of forms, of which are outlined in this provision.
Names (§ 3-104(5)(d)): The Deed must have the names, either typed or printed, of each person who signs it directly above or below their signature.
No presumption of joint tenancy (§ 2-117): Unless there is an express provision in the Deed to the contrary, the Deed will not establish an estate in joint tenancy.
Transfer tax (§ 13-202): A transfer tax is imposed on all instruments recorded with the Clerk of the Circuit Court. As stated in the section below, “How to file a Quit Claim Deed in Maryland,” it is mandatory for the Deed to be recorded with the Clerk of the Circuit Court. There are, however, certain exemptions which exist, of which are stated in § 13-207.
Signing requirements (§ 3-104(f)): As stated in the “Certification” section above, certification by either a) a Maryland attorney or b) by the party who prepares the form (that is, the Grantor) is necessary. The website of the Attorney General for the state of Maryland explains that “certification” in this context means:
“…A statement signed by a Notary Public, declaring that a proper party (an attorney or a party to the instrument) came before the notary and made the required statements under oath to the notary, would satisfy the requirement of RP § 3-104(f)(1) in lieu of a statement signed by such party directly.”
How to file a Quit Claim Deed in Maryland (§ 3-103): A Maryland Quit Claim Deed must be submitted with the Clerk of the Circuit Court in the jurisdiction the property is situated. If the property is situated in more than one county, recordings will need to take place in all such counties.
The party filing the form should be aware that certain filing fees will apply. They should also be mindful that other additional documents not listed above may need to be provided. As such, they are recommended to contact their respective Clerk of the Circuit Court to confirm which forms are needed.
One final crucial point of consideration regards Maryland’s status as a “race-notice jurisdiction.” Simply put, recording a Deed is imperative because if there a dispute ever erupts about which Deed about a given property is valid, the Deed recorded first will win. This is because making a record of the Deed constitutes as notice to future claimants about the Deed, of which is necessitated by state law.