Iowa Quit Claim Deed Form
An Iowa Quit Claim Deed is a commonly-used legal document due to the relative ease it offers when transferring interest in property between two (2) parties; from a party called the Grantor to a party called the Grantee. As this legal instrument is unable to provide any warranties on the title, it is mainly used in situations where the Grantee does not seek such clarification. For example, a Quit Claim Deed is often used transfer marital property between former spouses following a divorce as they already have full knowledge of the property’s title. A Quit Claim Deeds functions do not end there, however. For instance, as Polk County Government highlights, it can also be used to add or take somebody off the title of a property.
Form of the Deed (§ 558.19): State law provides an outline for how the Quit Claim Deed form may look, as follows:
“For the consideration of ……………. dollars, I hereby quitclaim
to ………………………….. all my interest in the following tract of real
estate (describing it)”
Formatting standards (§ 331.606B(1)): For the Deed to be recorded by the County Recorder, it must uphold specific formatting standards set by state law. For example:
- The form’s pages must not be permanently bound or in a continuous form (§ 331.606B(a)).
- Any preprinted text must be a minimum of eight (8) point in size and have a maximum of no more than twenty characters and spaces per inch (§ 331.606B(b))
- The first (1st) page of the Deed must have a top margin of at least three inches (3″) of vertical space from left to right for the Recorder to use use. All other margins must be at least three-fourths of one inch (3/4″) (§ 331.606B(f))
If these formatting standards are not upheld, § 331.606B(6) states that it will not be accepted for recording.
Required information (§ 331.606B(2)): State law demands certain information must be included in the Quit Claim Deed. Namely, on the first (1st) page below the three-inch (3″) margin, the form must bear:
- The name, address, and telephone number of the preparer of the Deed*,
- The Grantor’s name,
- The Grantee’s name,
- The taxpayer’s name and complete mailing address,
- A return address,
- The title of the document i.e., Quit Claim Deed,
- Any address required by statute, and
- The legal description of the property.
In some cases, a parcel identification number and document/instrument number for statutory requirements may also need to be provided.
*The document preparer is defined under § 331.606A(1)(b) as, “the person or entity who creates, drafts, edits, revises, or last changes the documents that are recorded with the recorder.”
Homestead properties (§ 561.13): In cases where the owner of a property is married and the property is a homestead, it is a requirement for their spouse to execute “the same or a like instrument, or a power of attorney for the execution of the same or a like instrument.”
Signing requirements (§ 558.31): The Grantor must sign the Quit Claim Deed before an officer who has the legal authority to take acknowledgments. For instance, a Notary Public is a good option as there are a relatively higher number of them to choose from than some other options.
How to file a Quit Claim Deed in Iowa (§ 331.606B): The Quit Claim Deed must be filed (recorded) with the County Recorder’s Office where the property is located. The filer should be aware that the Recorder’s Office will charge a fee for recording the form. Moreover, they should be aware of the additional documents that must be filed, as noted in the section below.
As Iowa is one of nineteen (19) states that has adopted a “notice statute” for recording legal documents, filing a Deed acts as a means of giving “notice” about it to anyone else who tries to file a Deed for the same property. To put it another way, if a bona fide purchaser comes along with a valid Deed and they cannot see any other Deed recorded for the same property, their Deed will be stand while the other unfiled Deed will become invalid.
To not get caught up in this entirely avoidable situation from happening, prompt filing of the Deed is strongly recommended.
Mandatory additional documents: It is necessary to file two (2) other documents in conjunction with the Quit Claim Deed. As
- Real Estate Transfer – Declaration of Value (Form 57-006a): This form must be filed in accordance with § 428A.1.
- Groundwater Hazard Statement (DNR Form 542-0960): It is a state law requirement for any Declaration of Value form to be submitted with a Ground Water Hazard Statement. Here are instructions for filling out the form. It may also be necessary to file Attachment #1.