Tennessee Quit Claim Deed Form
A resident of the state can create a Tennessee Quit Claim Deed if they are looking for a way to quickly and inexpensively transfer property interest to another individual. Referred to in the contract as the Grantor and Grantee respectively, the two parties involved should be ideally be already connected to one another by blood or marriage. The reason being that this contract cannot offer legal guarantees of title or support to the Grantee if something goes awry. A Quit Claim Deed is nevertheless useful in a variety of circumstances including, but not limited to: gifting property to a loved one, delivering property to a former spouse to uphold a divorce agreement, or clarifying a title defect.
Laws (§ 66-5-103(2)): Tennessee Code, Title 66: “Property,” Chapter 5: “Conveyances of Property,” Part 1: “General Provisions”
Outline of a Quick Claim Deed (§ 66-5-103(2)): State law provides the following basic outline of a Tennessee Quit Claim Deed that may be used to establish this legal arrangement:
“I hereby quitclaim to A. B. all my interest in the following land (describing it)”
Signing requirements (§ 66-22-101): A Grantor must either acknowledge their signature on the Quit Claim Deed before an individual who is authorized to take acknowledgments per § 66-22-102, or prove it before two (2) or more subscribing witnesses.
How to file a Quit Claim Deed in Tennessee (§ 66-5-106): All Quit Claim Deeds executed in Tennessee must be registered (i.e., recorded) in the Office of the County Register and any registration fees must be handled by the filer.
There are a number of state law provisions that firmly establish that Tennessee follows a “race-notice recording statute.” The most important implication of this statute is that it is mandatory to provide notice of a conveyance by registering the Deed before another could potentially do so themselves about the same property. Failure to register the Deed quickly enough could lead the Grantee to lose their claim to the property if another party manages to register (and therein, provide notice of) their conveyance first.
A summary of each of Tennessee’s various state law provisions regarding its race-notice statute is provided below for reference:
- § 66-26-101: This provision outlines that while a conveyance will be valid between the Grantor and Grantee without registration, as other state law provisions establish the legal necessity of providing notice to other parties, registration is essentially required.
- § 66-26-102: Registering the Deed serves as “notice to all the world from the time they [any conveyances] are noted for registration.”
- § 66-26-103: This provision states that “Any instruments not so registered, or noted for registration, shall be null and void as to existing or subsequent creditors of, or bona fide purchasers from, the makers without notice.”
- § 66-26-104: If the conveyance is not registered within sixty (60) days following the death of the Grantor, it will be deemed “null and void to innocent purchasers.”
- § 66-26-105: A conveyance which is registered first will have preference over one that is recorded at a later date.