Indiana Quitclaim Deed Form

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An Indiana quitclaim deed transfers whatever ownership interest you have in real estate in the state. It allows you to do this without providing title warranties. You can instantly draft your own deed with the help of Lumr’s customizable template. Provide your personal and property details and download the finished document in minutes.

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What Is an Indiana Quitclaim Deed?

An Indiana quitclaim deed is a legal document that lets you transfer the interest you own to another person or entity.

One important thing to note about quitclaim deeds is that they do not provide the title guarantees associated with a warranty deed. This matters because the grantee could receive the property subject to:

  • Existing liens
  • Ownership disputes
  • Other title problems

To be considered a valid deed, it must clearly identify the property, be signed by the grantor, and meet Indiana's acknowledgment and recording requirements.

Indiana Quitclaim Deed Requirements

The requirements for creating and recording a quitclaim deed are governed by Indiana state law. Some of the most important requirements and their respective statute are explained below:

RequirementIndiana LawExplanation
1. Written, signed, and acknowledgedIC 32-21-1-13Put the deed in writing, sign it, and have it properly acknowledged or proved.
2. Quitclaim wording and property descriptionIC 32-21-1-15Clearly state the quitclaim transfer and identify the property being transferred.
3. Grantee addressesIC 32-21-2-3Include the required mailing addresses for the grantee and tax statements.
4. Preparer and SSN statementIC 36-2-11-15Include the preparer information and required Social Security number statement.
5. County auditor endorsementIC 36-2-11-14Get the required county auditor endorsement before recording the deed.
6. Sales Disclosure Form, if applicableIC 6-1.1-5.5-2A Sales Disclosure Form may be required for certain transfers.

Common Uses for an Indiana Quitclaim Deed

Quitclaim deeds can be used in various situations to transfer the interest you own in a property.

The table below outlines some of the most common uses for the document.

UseHow a Quitclaim Deed Can Be Used
1. Transfer to a spouse or family memberTransfer some or all of your ownership interest to another person. Indiana has specific rules for property owned by married couples.
2. Add a co-ownerAn owner can transfer property to themselves and one or more additional grantees.
3. DivorceA quitclaim deed can transfer one spouse's interest as part of a divorce or property settlement. Indiana treats divorce-related transfers as conveyance documents for Sales Disclosure Form purposes.
4. Release an ownership claimA person can quitclaim whatever interest or claim they are legally able to transfer.
5. Transfer to an entityAn owner can transfer their property interest to an LLC or other entity that can legally own real estate.

When property is transferred to several people, Indiana generally treats them as tenants in common unless the deed clearly creates a joint tenancy with survivorship. Different rules apply when property is conveyed to spouses.

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Using an Indiana Quitclaim Deed With a Mortgage

In Indiana, you can use a quitclaim deed when property has a mortgage. However, the deed only changes the ownership interest. If you’re tied to a mortgage, you will still have to keep paying it.

In other words, a quitclaim deed does not transfer your mortgage to someone else.

You should carefully review the terms of your mortgage before transferring your property.

How to File a Quitclaim Deed in Indiana

Follow the steps below to prepare and record your quitclaim deed in Indiana.

  1. Gather the relevant details

    To fill out the form correctly, you need the full legal names of the grantor and grantee.

    You also need a complete legal description of the property. The street address is not enough.

  2. Decide how the grantees will own the property

    If there will be more than one grantee, state how they will own the property together.

  3. Prepare the form using Lumr’s template

    Enter these details into our Indiana quitclaim deed form template. This takes just a couple of minutes.

  4. Sign and acknowledge the deed

    The grantor must sign the deed and have the execution properly acknowledged or proved.

    Usually, a notary public can complete the acknowledgment. Indiana does not generally require an additional deed witness.

  5. Complete any required Sales Disclosure Form

    A Sales Disclosure Form is required for some, but not all, quitclaim transfers.

    For example, if your quitclaim deed is serving as a source of title and transferring property for valuable consideration, you need to provide the Sales Disclosure Form.

    If your quitclaim deed is not serving as a source of title, it does not need one.

  6. Obtain the county auditor endorsement

    Before the county recorder records the deed, it generally must receive the required endorsement from the county auditor. This shows whether the property has been entered for taxation or is not taxable.

  7. Record the deed

    Finally, submit your completed deed to the county recorder in the county where the property is located.

    This makes the transfer official and puts it in the public records. It can also protect it against certain later claims or transfers.

FAQs About Indiana Quitclaim Deeds

Still have questions about this document? Some of the most common questions related to its use are answered below.

Does an Indiana quitclaim deed need to be notarized?

An Indiana quitclaim deed must have a proper acknowledgment or proof to be recorded. In most cases, this means having the grantor's execution acknowledged before a notary.

Indiana's statutory quitclaim provision also requires the deed to be signed and acknowledged by the grantor. A separate witness is not generally required.

Is a Sales Disclosure Form required with a quitclaim deed in Indiana?

Not for every Indiana quitclaim deed. A Sales Disclosure Form usually only applies when the deed serves as a source of title and transfers real property for valuable consideration.

Quitclaim deeds that do not serve as a source of title are specifically excluded by Indiana law. (IC § 6-1.1-5.5-2(b)(4))

Where do you record a quitclaim deed in Indiana?

You record an Indiana quitclaim deed with the county recorder in the county where the property is located.

You also need to get the endorsement of the county auditor.

Does a spouse need to sign a quitclaim deed in Indiana?

If both spouses own the property, both generally need to sign the deed to transfer the full ownership interest.

This is especially important when the property is held as tenants by the entirety, because one spouse cannot transfer the shared ownership alone.

If only one spouse owns the property, the signing requirements can be different.

Does an Indiana quitclaim deed require a legal description of the property?

Yes, an Indiana quitclaim deed must adequately identify the real estate being transferred.

You should always include the complete legal description from the existing deed or reliable title records.

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