Wyoming Quit Claim Deed Form
A person who completes a Wyoming Quit Claim Deed will in effect give any and all interest in a property currently in their name to another party. Notably, no legally-binding promises regarding the title are implied nor expressed in this agreement. It should be kept in mind that although the Grantor (the party transferring the interest) will not usually face any tangible consequences if the interest they believe they hold does not exist, the Grantee (the party receiving the interest) will. Namely, the Grantee will have no legal avenues to reclaim any money lost in the process. This contract is therefore advised for use only between parties who have already proven their trustworthiness to one another. Even with this established, the Grantee should always conduct a title search to investigate the current status of the property title.
Laws (§ 34-2-104): Wyoming Statutes, Title 34: “Property, Conveyances, and Security Transactions,” Chapter 2: “Deeds, Mortgages, and Leases Generally”
Address of the Grantee (§ 34-1-119): The Grantee’s address must be stated in the form in order for the County Recorder to accept the Deed for recording.
Statement by the Grantee (§ 34-1-142): All Wyoming Quit Claim Deeds must be accompanied by a Statement of Consideration made by the Grantee under oath. The statement must disclose the following information:
- The name of the Grantor,
- The name of the Grantee,
- The transfer date,
- The sale date,
- The property’s legal description,
- The actual full amount paid or to be paid for the given real estate,
- The terms of sale, and
- An estimate of the value of any nonreal property included in the sale.
Statutory form (§ 34-2-104): A statutory form of a Wyoming Quit Claim Deed is provided for use in § 34-2-104. As established by § 34-2-105, when this form is used (whether verbatim or in substance) the Quit Claim Deed will be:
“…Deemed and held a sufficient conveyance, release and quitclaim to the grantee, his heirs and assigns, in fee of all the then existing legal or equitable rights of the grantor in the premises therein described, but shall not extend to after acquired title unless words are added expressing such intention.”
Signing requirements (§ 34-26-107): State law mandates that a Wyoming Quit Claim Deed is signed before a Notarial Officer, who must sign and date a certificate pertaining to the fact that they performed this notarial act. This certificate must be affixed to the Deed.
How to file a Quit Claim Deed in Wyoming (§ 34-1-118 and § 34-1-119): A Wyoming Quit Claim Deed should be presented for recording “in the office of the county clerk in the county where the land lies.” The filer should be ready to pay a fee for such a service.
For those wondering why a Quit Claim Deed needs to be recorded in the first place, the reason is that not filing the Deed exposes it to the possibility that the title will be taken over by a filed claim from another party. This is a possible outcome because § 34-1-120 and § 34-1-121 establish Wyoming as a state that recognizes a “race-notice recording statute.”
Basically, if a Quit Claim Deed remains unrecorded, it will be considered void to both creditors and subsequent purchasers of the same property. A creditor or subsequent purchaser can, therefore, claim the property as their own if they then record their respective conveyance with the county clerk. To eliminate this possibility, parties to a Quit Claim Deed are urged to file the conveyance as soon as possible.