Ohio Quit Claim Deed Form
In a relatively short amount of time, an individual can draw up an Ohio Quit Claim Deed to assign their property interest to another individual without title covenant or other guarantees. The form does not tend to be lengthy, as only standard details about the parties involved (who are referred to as the “Grantor” and “Grantee”), what the conveyance entails (i.e., the transfer of the Grantor’s interest in a given property to the Grantee), as well as any other relevant clarifying terms. Ohio state law does impose particular requirements, but in comparison to other states, these are minimal. Before making a DIY Ohio Quit Claim Deed, the Grantor and Grantee can set themselves up for success by taking a read of the following guide.
Laws & Requirements
Dower rights (§ 2103.02): It is important for both the Grantor and Grantee to keep in mind that Ohio is one of the few states that has retained “dower rights.” Ohio’s dower rights allow a spouse to be, “endowed of an estate for life in one third of the real property.” In other words, a spouse is required by law—for the rest of their life—to receive one third (1/3) of any profits from the property owned by their spouse.
Grantees who are nonresident aliens (§ 5301.254): If the Grantee is a “nonresident alien” (defined in § 5301.254(A) as “any individual who is not a citizen of, and is not domiciled in, the United States”) and they acquire property interest that a) is more than three (3) acres in size or b) has a market value of over one hundred thousand dollars ($100,000), they are required to submit specific information about themselves to the secretary of state, as listed in § 5301.254(B).
The submission must take place within thirty (30) days of acquiring the property interest, and a filing fee of five dollars ($5.00) must be paid at the time.
Statutory form of an Ohio Quit Claim Deed (§ 5302.11): Ohio state law provides a basic statutory Quit Claim Deed form that can be utilized by a Grantor and Grantee, as follows:
. . . . . . . (marital status), of . . . . . . County, . . . . . . for valuable consideration paid, grant(s) to . . . . ., whose tax-mailing address is . . . . ., the following real property:
(description of land or interest therein and encumbrances, reservations, and exceptions, if any)
Prior Instrument Reference: Volume . . . . . ., Page . . . .
. . . . . ., wife (husband) of the grantor, releases all rights of dower therein.
Executed this . . . . . . . day of . . . . . . ..
. . . . . . . . . . . . . . . . . . . . . . . . . .
(Signature of Grantor)
(Execution in accordance with Chapter 5301. of the Revised Code)”
Survivorship tenancy (§ 5302.20): If the Quit Claim Deed conveys the property to two (2) or more people who name survivors to the property, those individuals will be construed as survivorship tenants.
Volume and page reference (§ 5301.011): The Deed should include a reference (by volume and page) to the record of the legal instrument by which the Grantor claims title of the property.
How to file a Quit Claim Deed in Ohio (§ 5301.25): According to state law, every Ohio Quit Claim Deed requires recording in the County Recorder’s Office in the county where the property is based. Fees will apply and
Prior to recording the Deed at the County Recorder’s Officer, however, § 319.20 establishes the necessity to submit the Deed to the County Auditor’s Office.
Another important component of Ohio’s state laws to keep in mind is that the state adheres to a “race-notice recording statute.” This evidenced in the following quote from § 5301.25:
“Until so recorded or filed for record, they [the filer] are fraudulent insofar as they relate to a subsequent bona fide purchaser having, at the time of purchase, no knowledge of the existence of that former deed, land contract, or instrument.”
To summarize Ohio’a race-recording statute in layman’s terms, it is fraudulent to leave a conveyance unrecorded as it denies someone else who is interested in the property the knowledge (i.e., notice) that such a conveyance exists. As to not punish this individual for something that is out of their hands, the law will favor their claim if they record it and another party does not.
Additional mandatory forms: The following table provides the additional mandatory forms that must be filed in order for the Quit Claim Deed to be accepted for recording:
Ohio Quit Claim Deed: Additional Mandatory Forms
|Form DTE100: Real Property Conveyance Fee Statement of Value and Receipt||All real estate transfers in Ohio require the Grantee to file this form.|
|Form DTE100EX: Statement of Reason for Exemption||If the Grantee is exempt by Section 319.54(G)(3) from completing Form DTE100, they must file this form instead.|
|DTE101: Statement of Conveyance Homestead Property||If the conveyance involves a homestead, this form must be filed.|
|DTE105A: Homestead Exemption Application for Senior Citizens, Disabled Persons and Surviving Spouses||If exempt from filing DTE101, this form must be filed instead.|