In Ohio, a quitclaim deed is used to transfer property from an owner (“Grantor”) to the new owner (“Grantee”) without any promises or guarantees about the property’s title or condition. [1] Quitclaim deeds are a quick way to transfer property but they offer the lowest security among real estate deeds in Ohio. The most common use of quitclaim deeds is between parties with high levels of trust, such as family members or close friends. Read more
The main difference between quitclaim deeds and warranty deeds in Ohio is that a quitclaim deed provides less security to the Grantee. A warranty deed provides legal protection to the new owner because it confirms that the Grantor owns the property and has the right to make a transfer. [2] Warranty deeds are mostly used for real estate transactions in Ohio. Quitclaim deeds, on the other hand, are typically used for transfers between family and friends. Read more
Laws surrounding quitclaim deeds are found in Title 53 of the Ohio Revised Code titled Real Property. A quitclaim deed in Ohio must state that the Grantor is giving up rights to any interest in the property to the Grantee. Once prepared, the quitclaim deed must be filed with the County Recorder’s Office .
You can prepare your own quitclaim deed in Ohio. A professional drafter is not legally required. The name and address of the individual who drafted the deed must be mentioned under “Prepared by.” [3]
Content requirements for quitclaim deeds in Ohio include:
1. Grantor’s name and address.
2. Grantor’s marital status; spouse’s name and address.
3. Grantee’s name and address.
4. Drafter’s name and address.
5. Name and address for property tax statements.
6. English Language. [5]
7. Granting clause – statement describing the transfer the parties have agreed to.
8. Consideration clause – the value or the amount of money exchanged.
9. Property address.
10. Property description.
11. The property’s parcel identification number.
For a quitclaim deed to be legally valid in Ohio, it must be signed by the Grantor. The Grantor’s name must be printed directly below.
In Ohio, Dower Rights grant a spouse a one-third interest in property acquired by their partner during marriage. To fully transfer ownership rights, the spouse must sign either the quitclaim deed or a separate waiver. [6]
The Grantor’s signature must be acknowledged before a notary or an authorized officer in the county where the property is located. [7]
Here’s how to file a quitclaim deed in Ohio:
1. Prepare the quitclaim deed with the information required.
2. If the Grantor is married, ensure that a spousal waiver of dower rights has been signed in the provided form or attached.
3. Once the quitclaim deed is signed, ensure that it is acknowledged before an authorized officer.
4. The Grantor must submit one of the following two forms to the county Auditor for review, and the Auditor must approve the form before recording the deed: [8]
5. File the quitclaim deed, along with the relevant information with the County Recorder’s Office .
In Ohio, the minimum charges for filing a deed are as follows:
1. The county recorder’s fees to file a quitclaim deed in Ohio are as follows: [9]
2. Auditor’s Service Fee. [10]
The county auditor charges a fifty-cent ($0.50) fee for transferring ownership of real estate within the auditor’s records
The transfer of a property through a quitclaim deed triggers the following transfer tax, also known as a Conveyance Fee in Ohio: [11]
In Ohio, many transfers that are generally filed under quitclaim deeds are tax-exempt, including: [12]
The length of time to record a quitclaim deed in Ohio can vary significantly based on county-specific processes, procedures, and population. Typically, it can take anywhere from a few days to a few weeks.
Once the quitclaim deed is signed and filed in Ohio, the county will process the document.
If the deed is clear of any previous filings, a public record of the transfer of the property ownership will be made official.
There is no expiration for a quitclaim deed in Ohio. However, the statute of limitations to recover the title to a property in Ohio is 21 years. [13]
A deed in substance following the form set forth in this section, when duly executed in accordance with Chapter 5301. of the Revised Code, has the force and effect of a deed in fee simple to the grantee, the grantee’s heirs…
General warranty deed form. A deed in substance following the form set forth in this section.. has the force and effect of a deed in fee simple to the grantee, the grantee’s heirs, assigns, and successors, to the grantee’s and the grantee’s heirs’, assigns’, and successors’ own use..
Name of preparer to appear on instrument. “No instrument by which the title to real estate or personal property, or any interest therein or lien thereon, is conveyed, created, encumbered, assigned.. unless the name of the person who.. prepared the instrument appears upon the instrument..”
Standard format of instruments to be recorded. (A) Except as otherwise provided in divisions (B) and (C) of this section, an instrument or document presented for recording to the county recorder shall have been prepared in accordance with all of the following requirements:
The county recorder shall not accept for recording a deed or other instrument in writing that is executed or certified in whole or in part in a language other than the English language… The translator shall sign and acknowledge the translation of the deed… or a notary public.
Dower. A spouse who has not relinquished or been barred from it shall be endowed of an estate for life in one third of the real property of which the consort was seized as an estate of inheritance at any time during the marriage.
Acknowledgment of deed, mortgage, land contract, lease or memorandum of trust… The signing shall be acknowledged by the grantor.. notary public, or mayor, who shall certify the acknowledgment and subscribe the official’s name to the certificate of the acknowledgment.
Prerequisites to recording. No deed of absolute conveyance of land or any conveyance, absolute or otherwise, of minerals or mineral rights shall be recorded by the county recorder until: (A) The conveyance presented to the county recorder…
Submitting statement declaring value of real property transferred. Before the county auditor indorses any real property conveyance or manufactured or mobile home conveyance presented to the auditor pursuant to section 319.20 of the Revised Code..
OH Stats Section 317.32
Recording fees. The county recorder shall charge and collect the following fees, to include, except as otherwise provided in division (A)(2) of this section..
Ohio Recorders Association
Notice of Statewide Recording Fee changes due to legislative changes..county recorder table of fees, Recording fees for the following documents: $34.00 for the first TWO pages and $8.00 for each additional
Fees to compensate for auditor’s services. (G) (2) For the transfer or entry of land, lot, or part of lot, or the transfer or entry on or after January 1, 2000, of a used manufactured home or mobile home as defined in section 5739.0210 of the Revised Code, fifty cents for each transfer or entry, to be paid by the person requiring it;
Real property transfer tax. (A) For the purpose of paying the costs of enforcing and administering the tax and providing additional general revenue for the county, any county may levy and collect a tax to be known as the real property transfer tax on each deed..
Rates: The conveyance fee consists of two parts. A statewide mandatory tax of 1 mill ($1 per $1,000 dollars of the value of property sold or transferred) applies in all 88 of Ohio’s counties. In addition, counties may also impose a permissive real property transfer tax of up to 3 additional mills…
(G) (3) For receiving statements of value and administering section 319.202..except no fee shall be charged when the transfer is made: (a) – (y)
Recovery of real estate.An action to recover the title to or possession of real property shall be brought within twenty-one years after the cause of action accrued,
