South Carolina Quit Claim Deed Form
The South Carolina Quit Claim Deed, upon completion, releases any interest a person (known as the “Grantor”) has in a property to a party known as the “Grantee(s)”. In comparison to other types of deeds, the Quit Claim contains no implied or express covenants, guarantees, or warranties. Being a “stripped down” version of a Warranty Deed, the form is rarely used for situations in which a house is sold, but rather, for cases in which a home is passed down to a child, to fix errors on a title, or to relinquish ownership of a property after a divorce.
Laws: § 27-7-10 and § 27-7-20
Uniform Recognition of Acknowledgments Act: It is crucial for the Uniform Recognition of Acknowledgments Act to be followed. Otherwise, it will be necessary for the Grantor to submit an affidavit that asserts that a) the signature on the deed is actually theirs and b) the form was executed for the appropriate uses and reasons that are detailed within it.
Signing Requirements (§ 27-7-10): In order to ensure the valid execution of the form, it must be signed by:
- The Grantor,
- Two (2) or more credible witnesses, and
- A Notary Public (notarization).
How to File
Once completed, the deed needs to be recorded in the office of the Register of Deeds or clerk of court in the same county the real estate is located. The filer will be charged a filing fee that must be paid within the time period specified by each respective county.
How to Write
On the first (1st) page of the deed, the following needs to be entered:
- County (where the property is located),
- The day, month, and year the deed is being completed,
- The names and mailing addresses of the Grantor and Grantee(s), and
- The consideration (payment) being provided by the Grantee in exchange for the property. The value should first be entered in words: “One-dollar”, followed by its numerical value: “$1.00”. Note: the values provided are examples only.
On the second (2nd) page of the form, the following has to be entered:
- Day, month, and year (enter the year following the text “two-thousand..”),
- The signatures of two (2) witnesses,
- The signature of the Grantor, and
- A Notary Public’s Acknowledgement. Note: The fields below “STATE OF SOUTH CAROLINA” should be completed by a Notary Public only.
For the third (3rd) page of the deed, enter the following:
- The property’s TMS (Tax Map Number), and
- The full legal description of the property to be conveyed. The previous deed should be referenced for the description.
- Note: The “Derivation” section will be completed upon the deed’s recording.