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Illinois Quit Claim Deed

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STATE OF ILLINOIS
QUITCLAIM DEED
[Husband and Wife to Husband and Wife]
Control Number – IL - SDEED – 8-5

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DISCLAIMER

These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Illinois. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.

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ILLINOIS PROPERTY TAX CODE – TRANSFER TAX EXEMPTION

1. Real Estate Transfer Declaration can be completed and printed online at:

https://www.revenue.state.il.us/RETD/

2. See the following for a listing of the exemptions to the Illinois Transfer Tax on real estate transactions:

(35 ILCS 200/31-45)

Sec. 31-45. Exemptions. The following deeds or trust documents shall be exempt from the provisions of this Article except as provided in this Section:

(a) Deeds representing real estate transfers made before January 1, 1968, but recorded after that date and trust documents executed before January 1, 1986, but recorded after that date.

(b) Deeds to or trust documents relating to (1) property acquired by any governmental body or from any governmental body, (2) property or interests transferred between governmental bodies, or (3) property acquired by or from any corporation, society, association, foundation or institution organized and operated exclusively for charitable, religious or educational purposes. However, deeds or trust documents, other than those in which the Administrator of Veterans' Affairs of the United States is the grantee pursuant to a foreclosure proceeding, shall not be exempt from filing the declaration.

(c) Deeds or trust documents that secure debt or other obligation.

(d) Deeds or trust documents that, without additional consideration, confirm, correct, modify, or supplement a deed or trust document previously recorded.

(e) Deeds or trust documents where the actual consideration is less than $100.

(f) Tax deeds.

(g) Deeds or trust documents that release property that is security for a debt or other obligation.

(h) Deeds of partition.

(i) Deeds or trust documents made pursuant to mergers, consolidations or transfers or sales of substantially all of the assets of corporations under plans of reorganization under the Federal Internal Revenue Code or Title 11 of the Federal Bankruptcy Act.

(j) Deeds or trust documents made by a subsidiary corporation to its parent corporation for no consideration other than the cancellation or surrender of the subsidiary's stock.

(k) Deeds when there is an actual exchange of real estate and trust documents when there is an actual exchange of beneficial interests, except that that money difference or money's worth paid from one to the other is not exempt from the tax. These deeds or trust documents, however, shall not be exempt from filing the declaration.

(l) Deeds issued to a holder of a mortgage, as defined in Section 15-103 of the Code of Civil Procedure, pursuant to a mortgage foreclosure proceeding or pursuant to a transfer in lieu of foreclosure.

(m) A deed or trust document related to the purchase of a principal residence by a participant in the program authorized by the Home Ownership Made Easy Act, except that those deeds and trust documents shall not be exempt from filing the declaration.

Prepared By and After Recording Return to:

Send Tax Statements to Grantee (Name and Address):

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

NOTE: Exempt under Provisions of Paragraph , Section 31-45, Real Estate Transfer Tax Law, Illinois Property Tax Code

QUITCLAIM DEED

(Husband and Wife to Husband and Wife)

KNOW ALL MEN BY THESE PRESENTS THAT:

For valuable consideration, receipt of which is acknowledged, I and Husband and Wife, hereinafter Grantors, by these presents does hereby CONVEY and QUITCLAIM unto and Husband and Wife, as Tenants in Common, hereinafter Grantees, the following lands and property, together with all improvements located thereon, situated in the County of , State of Illinois, to-wit:

See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full

Legal Description:

Permanent Index Number(s):

Property Address:

WITNESS Grantor(s) hand(s) this the day of ,

(1st Grantor's Signature)

Print Name

(2nd Grantor's Signature)

Print Name

STATE OF ILLINOIS

COUNTY OF

The foregoing instrument was acknowledged before me this day of , 20 by (name of person acknowledged.)

Notary Public

(SEAL)

Type or Print Name

My Commission Expires:

STATE OF ILLINOIS

COUNTY OF

The foregoing instrument was acknowledged before me this day of , 20 by (name of person acknowledged.)

Notary Public

(SEAL)

Type or Print Name

My Commission Expires:

EXEMPT UNDER PROVISIONS OF PARAGRAPH SECTION 4, REAL ESTATE TRANSFER ACT.

DATE:

Buyer, Seller or Representative

Grantor(s) Name, Address and phone:

Grantee(s) Name, Address and Phone:

EXHIBIT A

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What an Illinois Quit Claim Deed Is and When It’s Used

An Illinois Quit Claim Deed is a legal instrument used to transfer whatever interest a grantor has in real property to a grantee without warranties or guarantees of title. It conveys only the grantor’s present interest, if any, and does not promise that the grantor holds clear title. In Illinois this form is commonly used for transfers between family members, between spouses after divorce, or to clear clouded titles. The deed must meet state execution and recording requirements to affect public land records.

Why a Quit Claim Deed Can Be Appropriate

A Quit Claim Deed provides a quick, low-cost method to transfer property interests when no title warranty is needed. It simplifies intra-family transfers, trust funding, and clearing title issues, but it offers limited protection compared with warranty deeds under Illinois law.

Why a Quit Claim Deed Can Be Appropriate

Who Typically Uses an Illinois Quit Claim Deed

Common users include homeowners, family members, legal professionals, and title companies handling non-warranty transfers.

  • Homeowners transferring property to family or into trusts where warranties are unnecessary.
  • Divorcing spouses reassigning property interest per settlement or court directives.
  • Title companies or attorneys clearing clouded records before sale or estate administration.

Core Elements of an Illinois Quit Claim Deed

Essential parts of an Illinois Quit Claim Deed define parties, property, and execution details required for recordation to transfer an interest.

Grantor

Enter the grantor's exact legal name and capacity. Confirm marital status if applicable and verify corporate or trustee authority before notarization to ensure recording office accepts the conveyance.

Grantee

Provide the recipient's full legal name and address. For entities include state of formation and EIN if required; ensure spelling matches title searches and recording standards.

Property Description

Use the complete legal description from the existing deed or plat, not a street address alone. Include parcel or PIN numbers and reference to recorded plat or subdivision when available for precise identification.

Consideration

State the monetary amount or recite 'for love and affection' if nominal transfer. Accurate consideration may affect tax reporting and recording classification under Illinois statutes.

Execution Date

Record the date of signing in MM/DD/YYYY format. This determines effective transfer timing and affects tax reporting, statute of limitations calculations, and chain-of-title chronology for public records.

Notary/Recording

Includes notary acknowledgement and venue, and identifies the county recorder for filing. Improper notarization or missing venue can lead to rejection at the recorder's office.

Required Data Fields at a Glance

Grantor Name: Exact legal name.
Grantee Name: Full legal name and address.
Property ID: Legal description or PIN.
Consideration: Amount or nominal wording.
Execution Date: Enter date as MM/DD/YYYY format.
Notary Block: Acknowledgement with venue and signature.

Step-by-Step: Prepare, Sign, Notarize, Record

Follow these sequential steps to prepare, sign, notarize, and record an Illinois Quit Claim Deed correctly.

  • 01
    Prepare Document: Complete names, legal description, consideration, and execution date.
  • 02
    Sign: Grantor signs before a notary public as required.
  • 03
    Notarize: Notary acknowledges signature and adds venue information.
  • 04
    Record: File with county recorder and retain stamped copy.

Configuring an Online Signing and Notarization Workflow

Configure an online workflow to collect e-signatures and notarizations for Quit Claim Deeds securely and efficiently.

Field Configuration
Signer Authentication Email verification with optional SMS code
Notary Mode In-person or RON session with recording
Field Types Signature, date, initials, text and checkbox fields
Delivery Automated routing and completed PDF with audit trail

Where to Send the Executed Deed

Where to file or send the executed deed depends on county recorder and title needs; plan routing accordingly.

  • To Recorder: Submit original deed to county recorder for indexing and recording.
  • To Title Company: Provide copy for title update and closing documents.
  • To Attorney: Send for review when legal questions or complex transfers exist.
  • To Grantee: Deliver recorded stamp copies to grantee and retain originals.

Digital Signing and File Requirements

Digital workflows require compatible file formats, signer authentication, and secure storage for Illinois recording and retention.

  • File Formats: PDF, DOCX accepted; PDF preferred.
  • Integrations: Connects with CRMs and cloud storage.
  • Authentication: Email, SMS, or stronger methods for RON.

Timelines and Recording Considerations

Timing matters: notarization and county recording determine when title transfer becomes public record and effective against third parties.

Signing Deadline:

Sign on or before intended transfer date.

Notarization Timing:

Notarize at signing or immediately thereafter.

Recording Window:

Record promptly to protect priority against later claims.

Delivery to Grantee:

Provide recorded copy as proof of conveyance.

Tax Reporting:

Address transfer on property tax and any gift tax forms.

Key Milestones from Draft to Public Record

Key milestones show the deed lifecycle from draft to recorded public notice and downstream updates to title and tax records.

01

Draft and Review

Prepare deed and confirm legal descriptions and consideration.

02

Signing and Notarization

Grantor signs before notary, who completes acknowledgment.

03

Recording Submission

File with county recorder and pay fees.

04

Post-Recording Actions

Distribute certified copies and update title insurers.

Potential Risks and Legal Consequences

Recording Rejection: Improper notarization causes rejection.
Title Uncertainty: No warranty of title.
Tax Implications: Possible gift tax reporting.
Liens and Claims: Existing liens may transfer.
Fraud Risk: Risk if grantor lacks interest.
Legal Challenges: Disputes can lead to litigation.

Common Preparation Mistakes to Avoid

  • Using a quitclaim when a warranty deed is needed leaves grantee without protections and can transfer encumbrances unnoticed; choose deed type based on title risk.
  • Entering incorrect legal descriptions or abbreviating plats can cause recorder rejection and require re-filing, delaying closings and incurring additional fees.
  • Failing to notarize properly, omit venue, or use an unsigned notary block leads to non-acceptance by the county recorder and invalid public notice.
  • Not checking for existing liens, judgments, or mortgage releases can result in unexpected obligations being transferred to the grantee.

Practical Tips for Accurate and Efficient Completion

Practical tips reduce errors and protect both parties when completing an Illinois Quit Claim Deed.

Confirm ownership and title history before transfer
Order a title search or request an abstract to confirm the grantor's recorded interest and identify liens, encumbrances, or clouded title issues. Decide if a warranty deed or quiet title action is needed instead of a quit claim in higher-risk situations.
Use precise legal descriptions and identifiers
Copy the exact legal description and parcel identification number from the prior deed or county records. Do not rely solely on street addresses; mismatches cause recorder rejection and ambiguous title records that affect future sales and financing.
Verify signer authority and identity with ID
Ensure the grantor is authorized to convey the interest—check corporate resolutions, trust authority, or power of attorney if used. Match the signer name to government ID and include notarized acknowledgment; inconsistent identity information can invalidate recording.
Confirm recording requirements and fees
Contact the county recorder's office to confirm acceptable document formats, margin and page requirements, required cover sheets, and current recording fees. Some counties accept electronic submissions or RON-notarized deeds; verifying ahead prevents rejection and extra charges.

Illustrative Use Cases for Illinois Quit Claim Deeds

Real-world scenarios show when an Illinois Quit Claim Deed is appropriate and where alternatives are safer.

Family Transfer

A parent transferred a vacation parcel to adult children using a Quit Claim Deed to simplify the gift and avoid closing costs.

  • No title warranty provided; accept risk.
  • Recipients obtained a title search beforehand and recorded the deed immediately; they later secured title insurance to mitigate potential unknown liens discovered during the search, balancing speed with post-transfer protections.

Divorce Settlement

As part of an Illinois divorce decree, one spouse quitclaimed property interest to the other to reflect settlement terms and avoid a sale.

  • Used to transfer interest quickly.
  • Counsel advised a title check and release of mortgage lien where necessary; the deed was notarized and recorded promptly to align public records with the settlement and protect the receiving spouse's interest.

Who Signs and Why Their Role Matters

Grantor — Homeowner

The grantor is the individual conveying interest. They must have authority to transfer, sign in presence of notary, and provide accurate identification. Mismatched names or unsigned pages can void recording and complicate title chain review by buyers or lenders.

Notary — Public Officer

A licensed notary acknowledges the grantor's signature and certifies venue. For RON, the notary must follow identity proofing, audio-video recording, and retention rules. Improper notarization risks recorder rejection and may delay or nullify the recorded conveyance.

eSignature Vendor Pricing and Feature Snapshot for Deed Workflows

Comparing eSignature vendors for executing Illinois Quit Claim Deeds; signNow appears first with competitive pricing and compliance features.

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 No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

FAQs and Troubleshooting for Illinois Quit Claim Deeds

Answers to common questions about preparing, signing, notarizing, and recording an Illinois Quit Claim Deed.


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