Ohio quitclaim deed

Ohio Revised Code 5301.01 requires a deed to be signed by the grantor and acknowledged before a notary public, a judge or another officer the statute names. No witnesses are required. The notary certificate must be complete and the signature must match the name on the deed.

Citation: Ohio Rev. Code § 5301.01 (opens the official source in a new tab).

A deed signed outside Ohio can be acknowledged under the law of the place where it was signed, but the recorder may require the Ohio form. A missing or defective acknowledgment is a common reason for rejection.

Ohio counties collect a real estate conveyance fee when a deed is recorded. The state minimum is $1 for each $1,000 of the price, and a county may add up to $3 for each $1,000 with voter approval. The fee is usually paid by the grantor and collected by the recorder.

Most transfers also need a Statement of Conveyance (form DTE 100) that states the price, the parties and the reason for any exemption. The form is filed with the county auditor, and the recorder may require proof that the fee was paid. A transfer between spouses or a transfer that is not a sale may be exempt, but the exemption must be claimed on the form.

A transfer between spouses, or a transfer that is not a sale, can claim an exemption from the Illinois transfer tax on the declaration. The exemption is not automatic. The form asks for the relationship and the reason, and the recorder may ask for a copy of the divorce judgment, the death certificate or another document that supports the claim.

A gift to a child or a transfer into a trust may still be taxable if the exemption does not fit. Do not leave the price blank or write zero without an explanation. A declaration that does not match the deed invites a review and can delay the recording while the county asks for another form.

Record the signed and notarized deed with the county recorder in the county where the property is located. The recorder returns the original or a copy with a recording stamp. Send a copy to the county auditor so the ownership record and the tax bill follow the transfer.

Ohio reappraises property on a six-year cycle, and a transfer can update the ownership and the value in between. A homeowner's exemption, a homestead exemption for seniors or a disabled owner, and a current agricultural use valuation may depend on who owns the property. Confirm eligibility with the auditor after the transfer.

A divorce decree can order one spouse to sign a quitclaim deed, but the recorder still needs a signature and an acknowledgment. If the spouse refuses, the court may appoint a commissioner to sign. Attach the order or a certified copy when the deed is recorded, and ask the recorder whether it needs to be referenced on the deed.

An estate transfer is different. A deed from an estate needs the personal representative's authority, and the probate court may require an order before the property can be sold or distributed. A quitclaim deed signed by an heir who has not been appointed can be set aside. Probate and the deed have to agree.

Ohio recognizes a joint and survivorship deed, and a transfer between co-owners can change whether the survivor takes the property automatically. If the goal is to add a spouse, a child or a partner, decide whether you want survivorship or a tenancy in common, and put that language in the deed. The wrong choice can defeat the estate plan.

Ohio also allows a transfer on death designation affidavit for real property, recorded during life, that names a beneficiary without giving that person a present interest. A quitclaim deed and a transfer on death affidavit do different jobs. Ask the county recorder or an attorney which one matches what you are trying to do before you sign.

A buyer with a mortgage usually needs a warranty deed and title insurance. A title company may refuse to insure a quitclaim transfer or may add an exception. If the goal is a sale for value, ask the title company which deed it will accept before anyone signs.

A quitclaim deed also cannot clear a lien, settle an estate or remove a borrower from a loan. Those problems need a release, a probate order or a refinance. A deed that ignores them can leave the grantee with a title that is hard to sell.