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North Carolina Quitclaim Deed

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QUITCLAIM DEED

Prepared by U.S. Legal Forms, Inc.

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

STATE OF NORTH CAROLINA

QUITCLAIM DEED

[One Individual to Two Individuals as Joint Tenants with the Right of Survivorship]

Control Number – NC - SDEED – 8-1

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DISCLAIMER

These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of North Carolina. 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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QUITCLAIM DEED

(Individual to Two Individuals)

Excise Tax Recording Time, Book and Page

Mail after recording to:

This instrument was prepared by:

Brief description for the Index:

QUITCLAIM DEED

(Individual to Two Individuals)

Grantor(s):

Grantee(s):

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,

, an individual, , hereinafter referred to as “Grantor”, does hereby release, convey, and forever quitclaim unto , and , , and as Joint Tenants with the Right of Survivorship and not as tenants in common, hereinafter “Grantees”, the following lands and property, together with all improvements located thereon, lying in the County of , State of North Carolina, to-wit:

Describe Property or State "SEE DESCRIPTION ATTACHED"

Prior instrument reference: Book , Page , Document No. , of the Register of Deeds for County, North Carolina.

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

To the said Grantees as joint tenants, with right of survivorship, their heirs, personal representatives, executors and assigns forever: it being the intention of the parties to this conveyance, that (unless the joint tenancy hereby created is severed or terminated during the joint lives of the grantees herein) in the event one Grantee herein survives the other(s), the entire interest in fee simple shall pass to the surviving Grantee(s), and if one does not survive the other(s), then the heirs and assigns of the Grantees herein shall take as tenants in common.

WITNESS Grantor(s) hand(s) this the day of , 20.

Grantor

{Type Name}

STATE OF

COUNTY OF

I, a Notary Public, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and (where an official seal is required by law) official seal

This the day of (year).

Notary Public

Printed Name:

My Commission Expires:

Grantor(s) Name, Address, phone:

Grantee(s) Name, Address, phone:

SEND TAX STATEMENTS TO GRANTEE

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What a North Carolina Quitclaim Deed Is and When It’s Used

A North Carolina Quitclaim Deed is a legal instrument used to transfer whatever interest a grantor holds in real property to a grantee without warranties of title. It conveys only the grantor’s present interest, if any, and does not guarantee that title is clear. Common uses include intra-family transfers, clearing clouds on title, transfers after divorce, or conveying property to and from trusts. In North Carolina the deed is normally executed before a notary public and recorded in the county Register of Deeds to provide constructive notice to third parties.

How to prepare and sign a quitclaim deed step by step

A clear sequence reduces rejection risk; follow the order below before recording.

  • 01
    Obtain current deed: Review the existing deed for accurate legal description.
  • 02
    Draft deed: Populate names, description, consideration, and signature block.
  • 03
    Sign before notary: Grantor acknowledges signature in front of notary public.
  • 04
    Record deed: File with the county Register of Deeds where the property is located.

Who commonly prepares or receives a North Carolina Quitclaim Deed

Several parties routinely use quitclaim deeds; these roles indicate typical responsibilities and needs.

  • Homeowners transferring property within families or trusts, typically to adjust title without warranty.
  • Divorce attorneys or divorcing parties documenting settlement transfers of marital property rights.
  • Title companies and closing agents clearing clouds or facilitating reconveyances.
  • Real estate investors or developers adjusting ownership interests between entities or individuals.

The specific preparer depends on complexity; simple family transfers may be completed by the parties, while contested or mortgage-impacted transfers usually involve counsel or a title professional.

Essential elements to include in a professional North Carolina Quitclaim Deed

A well‑drafted quitclaim deed contains standard clauses and administrative details that support recording and title continuity.

Granting Clause

Language that transfers the grantor’s interest, for example 'For and in consideration of the sum of ... the grantor quitclaims to grantee.' Clear transfer language prevents ambiguity.

Legal Description

The metes-and-bounds or recorded lot/block description copied verbatim from the prior deed ensures the county indexer identifies the correct property.

Consideration Statement

A brief statement of consideration (dollar amount or nominal consideration) that meets county recording requirements and tax reporting expectations.

Signature and Acknowledgement

Grantor signature block followed by notary acknowledgement language required by North Carolina for acceptance by the Register of Deeds.

Tax Parcel Reference

Optional but recommended: county tax parcel number or PIN to assist clerks and title examiners in indexing the instrument correctly.

Chain of Title Note

A short reference to the prior deed (book and page or instrument number) to link the conveyance to existing recorded documents.

Data items you must confirm before signing

Grantor identity: Match ID
Grantee identity: Exact legal name
Property legal: Full description
Consideration: Clear amount
Notary info: Acknowledgement present
Recording county: Correct county

Typical online workflow settings for completing the deed

Configure your e-signature workflow to collect identity, notarization, and delivery details before recording.

Field Configuration
Signer authentication Email + SMS code recommended
Notary role Designate notary with acknowledgement field
Document format Use final PDF/A for recording
Copy delivery Automatic PDF to all parties

Digital signing and e‑recording considerations

Ensure the platform supports notarized acknowledgements, secure signer authentication, and produces a court-ready PDF.

  • Authentication: Email and optional SMS
  • Notary support: RON or in-person workflows
  • File export: PDF/A and audit trail

When using an eSignature solution, retain the signed PDF and audit trail together; confirm the county Register of Deeds accepts the chosen notarization method prior to relying on remote notarization or purely digital workflows.

Where the deed goes after signing

After execution and acknowledgement, follow this routing to finalize title transfer.

  • Deliver copy: Provide signed PDF to grantee and lender where required.
  • Record instrument: File with the county Register of Deeds for the property.
  • Update title: Title company or abstract updates chain of title.
  • Tax assessment: Notify county tax office if required.

Timing and recording expectations for North Carolina deeds

Recording promptly protects priority rights and provides public notice; plan timelines around local clerk availability.

Record promptly:

Record as soon as practicable to protect priority and constructive notice.

Notary timing:

Grantor must sign before a notary at the time of execution.

County processing:

Processing varies by county; same‑day to several business days is typical.

Mortgage notice:

Inform lender before transfer if a mortgage exists to avoid acceleration clauses.

Tax filing:

Local transfer tax or excise filing may be required at time of recording.

Common preparation errors to avoid

  • Using an abbreviated or inconsistent party name that prevents the clerk from matching the grantor or grantee to public records.
  • Failing to include a full legal description copied from the prior deed, which can lead to rejection or ambiguity in title chain.
  • Skipping the county tax parcel identifier, which slows indexing and increases search mismatches during title examination.
  • Omitting the required notary acknowledgement or using incorrect notarization language that the Register of Deeds will not accept.

Legal and practical risks of an incorrect or incomplete deed

Failed conveyance: Transfer may be void or ineffective
Clouded title: Future buyers may face title defects
Tax consequences: Potential gift tax or transfer tax exposure
Mortgage breach: Triggering due-on-sale or default
Recording denial: Clerk can refuse improper forms
Fraud risk: Unauthorized signatures create liability

Practical examples of how quitclaim deeds are used in North Carolina

These concise scenarios illustrate typical, real-world uses and outcomes for quitclaim deeds.

Family Transfer

A homeowner transfers property to an adult child for estate planning purposes

  • The quitclaim deed conveys only the grantor’s present interest
  • After notary acknowledgement and county recording, the deed provides public notice though a title insurance company may still require endorsements when insuring the new owner.

Clearing Title

An ex-spouse executes a quitclaim deed to clear an interest arising from a divorce settlement

  • The deed does not guarantee prior title validity
  • Recording the deed documents the settlement but parties often obtain a title search to confirm the cloud has been removed.

Practical tips to ensure a clean, enforceable quitclaim deed

Follow these best practices to reduce risk and speed acceptance by the Register of Deeds and title professionals.

Verify names and IDs
Confirm legal names exactly as shown on government identification; inconsistent names are a leading cause of recording delays and title search complications.
Use exact legal description
Copy the property description verbatim from the last recorded deed or title report to avoid ambiguity or indexing errors at the county level.
Include tax parcel details
Provide the county tax parcel number to speed clerical processing and reduce mismatches during indexing or title examination.
Consider professional review
When mortgages, liens, divorce settlements, or tax implications exist, obtain attorney or title company review before recording.

Frequently asked questions about North Carolina Quitclaim Deeds

Answers to common practical and procedural questions about preparing, signing, and recording a quitclaim deed in North Carolina.


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