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South Carolina Quit Claim Deed

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STATE OF SOUTH CAROLINA QUITCLAIM DEED

Prepared by U.S. Legal Forms, Inc.
Copyright 2016 - U.S. Legal Forms, Inc.

[Three Individuals to Husband and Wife]

Control Number – SC - SDEED – 8-7

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NOTES ON FILING THESE FORMS

Original Signatures of Executing Party(ies) & Date of Execution - Although documents may be a copy or a FAX, all required signatures must be originals. The Register of Deeds in South Carolina “encourage” use of BLUE INK for Signatures.

Subscribing Witnesses - Most documents require 2 witnesses’ original signatures.

Affidavits of Probate and Acknowledgements - Documents must have either this “Affidavit” or an Acknowledgement following the Execution and Witness Signatures.

Notary Public - Documents presented for filing, except as otherwise provided by law, must be “Notarized”.

DISCLAIMER

These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of South Carolina. All Information and Forms are subject to this Disclaimer.

These materials are provided "AS IS" without any express or implied warranty of any kind.


This document prepared by (and after recording return to):

Name:

Firm/Company:

Address:

Address 2:

City, State, Zip:

Phone:

--------Above This Line Reserved For Official Use Only-------------

QUITCLAIM DEED

(Three Individuals to Husband and Wife)

KNOW ALL MEN BY THESE PRESENTS THAT:

FOR VALUABLE CONSIDERATION OF TEN DOLLARS ($10.00), and other good and valuable consideration, cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, , and , Individuals, hereinafter referred to as “Grantors”, do hereby remise, release and forever quitclaim unto and , Husband and Wife, as joint tenants with rights of survivorship, hereinafter “Grantees”, the following lands and property, together with all improvements located thereon, lying in the County of , State of South Carolina, to-wit:

Describe Property or State "SEE DESCRIPTION ATTACHED"

Prior instrument reference: Book , Page , Document No. , of the public records of the Office of the Register of Deeds of County, South Carolina.

SUBJECT to all easements, rights-of-way, protective covenants and mineral reservations of record, if any.

TO HAVE AND TO HOLD same unto Grantees, and unto Grantees’ heirs and assigns forever, with all appurtenances thereunto belonging.

Taxes for tax year shall be prorated between Grantors and Grantees as of the date selected by Grantors and Grantees, or paid by Grantees, or paid by Grantors.

The property herein conveyed is not a part of the homestead of Grantors, or is part of the homestead of Grantors and if Grantors are married, the conveyance is joined by both Husband and Wife.

TO HAVE AND TO HOLD to the said Grantees as joint tenants, with right of survivorship, their heirs, personal representatives, executors and assigns forever.

WITNESS Grantor’s hands this the day of , 20.

Signed, Sealed and Delivered
in the presence of:

Grantor

Witness

Witness

Signed, Sealed and Delivered
in the presence of:

Grantor

Witness

Witness

Signed, Sealed and Delivered
in the presence of:

Grantor

Witness

Witness

STATE OF

COUNTY OF

The foregoing instrument was acknowledged before me this by .

____________________________________

Notary Public

Print Name:

My commission expires:

Grantor(s) Name, Address, phone:

Grantee(s) Name, Address, phone:

SEND TAX STATEMENTS TO GRANTEE


AFFIDAVIT

STATE OF SOUTH CAROLINA : Date of Transfer of Title :

COUNTY OF : (Closing Date) , 20

PERSONALLY appeared before me the undersigned, who being duly sworn, deposes and says:

1. I have read the information on this Affidavit and I understand such information.

2. The property is being transferred BY TO on

3. Check one of the following: THE DEED IS

(a) Subject to the deed recording fee as a transfer for consideration paid or to be paid in money or money’s worth.

(b) Subject to the deed recording fee as a transfer between a corporation, a partnership, or other entity and stockholder, partner, or owner of the entity or is a transfer to a trust or as distribution to a trust beneficiary.

(c) Exempt, or partially exempt, from the recording fees because (exemption # )

(Explanation, if required)

4. Check one of the following if either item 3(a) or item 3(b) above has been checked.

(a) The fee is computed on the consideration paid or to be paid in money or money’s worth in the amount of $.

(b) The fee is computed on the fair market value of the realty which is $.

(c) The fee is computed on the fair market value of the realty as established for property tax purposes, which is $.

5. Check YES or NO to the following: A lien or encumbrance existed on the land, tenement, or realty before the transfer and remained on the land, tenement, or realty after the transfer. If “YES”, the amount of the outstanding balance of this lien or encumbrance is $.

6. The DEED Recording Fee is computed as follows:

(a) The amount listed in item 4 above

(b) The amount listed in item 5 (no amount place zero)

(c) Subtract Line 6(b) and place the result.

7. As required by Code Section 12-24-70, I state that I am a responsible person who was connected with the transaction as:

8. I understand that a person required to furnish this Affidavit who willfully furnished a false or fraudulent affidavit is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.

_______________________________________

Grantor, Grantee or Legal Representative

(Connected with this transaction)

Sworn to before me this

day of , 20

(Print or Type Name Here)

_____________________________

Notary Public for

My commission expires

Enter text✕

What a South Carolina Quit Claim Deed Is

A South Carolina Quit Claim Deed is a legal instrument used to transfer whatever interest the grantor has in real property in South Carolina to another person or entity without warranties of title. It conveys only the grantor's present rights and does not guarantee that those rights are valid or free of encumbrances. Quit claim deeds are commonly used among family members, divorcing spouses, or to clear title defects. In South Carolina the deed must include an acknowledgment and is typically recorded in county land records to provide public notice.

Why a Quit Claim Deed Is Often Chosen

A South Carolina Quit Claim Deed provides a fast, low-cost method to transfer property interests when warranties are unnecessary. It helps clear or consolidate title among parties but offers limited protection to the grantee because it contains no covenants of title and does not cure existing defects.

Why a Quit Claim Deed Is Often Chosen

Common Parties Who Use This Deed

Common users who rely on a South Carolina Quit Claim Deed include parties seeking simple title transfers without warranty.

  • Family members transferring property among relatives or to trusts to consolidate title.
  • Divorcing spouses for equitable division where assurance of clear title is not required.
  • Owners correcting record errors or clearing clouded title without litigation or warranty.

If grantees require assurance, consider using a warranty deed or purchasing title insurance; consult counsel for high-risk transfers.

Core Components Found in a South Carolina Quit Claim Deed

Core components of a South Carolina Quit Claim Deed define parties, legal description, granting clause, notarial acknowledgment, signatures, and recording details.

Grantor and Grantee

Identify the grantor and grantee using full legal names and entity types. Include contact addresses and, for entities, authorized signer titles and phone numbers to establish authority.

Legal Description

Provide the precise metes-and-bounds description or recorded plat reference from county deed records; avoid street-only descriptions that are legally insufficient for recording.

Consideration

State the consideration clearly; nominal amounts are common in family transfers but understand that lack of adequate consideration can affect tax and conveyancing consequences.

Granting Clause

Use language that conveys 'all interest' or 'quitclaim' to reflect the limited transfer; avoid language implying warranties or covenants of title in the clause.

Notary Acknowledgment

Include the South Carolina notarial acknowledgment block and notary seal; South Carolina requires an acknowledgment and, in many cases, two witnesses for deeds.

Recording Details

Provide space for recording county, book and page or instrument number, recording date, and clerk certification; timely recording provides constructive notice to third parties.

Step-by-Step: Complete, Notarize, and Record

Follow these steps to complete, notarize, and record a South Carolina Quit Claim Deed accurately and efficiently.

  • 01
    Prepare deed: Fill in parties, legal description, and consideration.
  • 02
    Notarize and witness: Sign before notary and two witnesses as required.
  • 03
    Record deed: Submit to county register of deeds with fee.
  • 04
    Confirm recording: Obtain recorded instrument number and retain copy.

Where to File a South Carolina Quit Claim Deed

Recording a South Carolina Quit Claim Deed creates public notice; file the executed, notarized deed with the county Register of Deeds where the property is located.

  • Local Register of Deeds: Primary filing office for deeds in South Carolina counties.
  • Recording Fees: Pay county fee; amounts vary by county and pages.
  • Return address: Provide recipient address for recorded deed return.
  • Title company: Optional: submit to title company for search and insurance.

Digital Preparation and eSignature Considerations

Electronic preparation and e-signing can streamline the deed workflow but must meet South Carolina statutory requirements for notarization and witness.

  • File formats: PDF or DOCX accepted by most county offices.
  • Integrations: Works with cloud storage and title software commonly.
  • Authentication: Stronger signer ID controls reduce disputes.

Important Dates and Deadlines to Note

Key dates for a South Carolina Quit Claim Deed relate to execution, notarization, recording, and tax reporting obligations.

Execution, Notarization, and Effective Date:

Sign and notarize using MM/DD/YYYY; this date governs effectiveness.

Recording Deadline, Priority, and Clerk Processing:

File promptly to establish priority against intervening liens.

Deed Return and Indexing Information:

Provide return address; recordation details appear on recorded instrument.

Property Tax Reporting Considerations and Assessment:

Notify assessor if ownership changes to update tax rolls timely.

Statute of Limitations Impact on Claims:

Effective date affects adverse possession and quiet title limitations.

Practical Examples of When Quit Claim Deeds Are Used

Examples illustrate common scenarios where a South Carolina Quit Claim Deed is appropriate and where alternative instruments are preferable.

Family Transfer

A parent transferring a vacation lot to a child may use a quit claim deed to move whatever interest exists without warranty.

  • Saves time and legal complexity.
  • However, title defects remain; the child should order a title search and consider purchasing a title insurance policy or obtaining a corrective warranty deed if any encumbrance or error is discovered.

Divorce Property Split

During divorce, spouses often use quit claim deeds to transfer a spouse's interest to the other as part of property division without warranties.

  • Simplifies transfer process and recordkeeping.
  • Courts or divorce decrees should be consulted; deed execution should follow settlement terms and ensure mortgage servicer notice or lender approval where required to avoid default and seek counsel for tax implications and title insurance recommendations.

Common Mistakes to Avoid

  • Using a quit claim deed when a warranty deed is needed can leave the grantee without recourse if title defects exist, leading to costly litigation or title insurance claims.
  • Failing to include a precise legal description or relying solely on a street address can render the deed insufficient for recording and cause ambiguity in boundary lines.
  • Not obtaining the required two witnesses and proper notarial acknowledgment in South Carolina may invalidate the deed or complicate subsequent title searches.
  • Recording delays or incorrect county submission can allow intervening liens to obtain priority, affecting the grantee's property rights despite the executed deed.

Penalties and Risks of Incorrect Deeds

Invalid Transfer: Unenforceable if grantor lacked interest
Title Defects: Does not cure existing liens
Tax Implications: Possible gift tax reporting
Recording Priority Loss: Intervening liens may gain priority
Mortgage Consent: Lender consent may be required
Quiet Title Risk: May require litigation to clear title

Essential Data Elements to Include

Grantor Name: Full legal name as on ID
Grantee Name: Full legal name or entity name
Property Description: Complete legal/metes-and-bounds description
Parcel ID / PIN: Assessor parcel identification number
Consideration: Dollar amount or stated nominal value
Notary & Witnesses: Notary acknowledgment and witness names

Comparing eSignature Plans for Deed Workflows

Comparison of common e-signature plans and features relevant to processing South Carolina Quit Claim Deeds; signNow is shown first per platform ordering.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About South Carolina Quit Claim Deeds

Answers to common questions about executing, notarizing, recording, and revoking a South Carolina Quit Claim Deed, and when to choose alternatives.


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