Kentucky Quit Claim Deed Form
A Kentucky Quit Claim Deed is an ideal legal mechanism to make use of for anyone looking to simplify the process of transferring their interest in a property to their current or former spouse, child, parent, or any other family member. A Quit Claim Deed is far less cumbersome to execute than a Warranty Deed, but the trade-off is that it does not allow for the Grantor (the seller or party who owns the property) to certify to the Grantee (the buyer or the party they will give the property to) that he or she has good title to the property. This is why only parties who have an existing relationship to one another should execute this form, while parties who do not know each other are advised to execute a Warranty Deed instead.
Laws: Kentucky Revised Statutes, Chapter 382: “Conveyances and Encumbrances”
Required inclusions (KRS 382.135): In line with KRS 382.135, all Kentucky Quit Claim Deeds must include the following information:
- The Grantor and Grantee’s respective mailing addresses,
- A statement of the full consideration,
- A statement that specifies the address property tax bills can be sent to,
- For transfers by gift or with nominal or no consideration: The Grantor* (or their agent) must sign a sworn, notarized certificate regarding the fact that, “the transfer is by gift and setting forth the estimated fair cash value of the property.”
- For transfers not by gift or with nominal or no consideration: The Grantor* (or their agent) must sign a sworn, notarized certificate regarding the fact that, “the consideration reflected in the Deed
is the full consideration paid for the property.”
* If the Grantor is under eighteen (18) years old, their parent or guardian may sign on their behalf.
KRS 382.335 also requires a printed, typewritten, or stamped statement endorsed on the Deed that shows the name, address, and signature of the party who prepared the Deed.
Deed Tax (KRS 142.050): A tax may be imposed on the Grantor at a rate of fifty cents ($0.50) for every five hundred dollars ($500) of value or fraction thereof of the value stated in the Deed.
Survivorship (KRS 381.050): In cases where a married couple conveys real estate, there will be no mutual right to the entirety by survivorship between them, except if such a right has been expressly stated.
Signing requirements (KRS 382.130): The individual making the Deed (i.e., the Grantor) must acknowledge the Quit Claim Deed in one of the following ways:
- Before a proper clerk with powers of acknowledgment, or
- Before two (2) subscribing witnesses who will provide the required proof mandated by law.
How to file a Quit Claim Deed in Kentucky (KRS 382.110): State law outlines that any Quit Claim Deed executed in Kentucky must be recorded in the County Clerk’s Office of the same county the property conveyed or located. The amount the County Clerk’s Office will charge to file the Deed may vary, so the party filing the form should come prepared.
It is strongly advised that the Deed is filed as quickly as possible, as filing the Deed provides notice to any potential later buyers of the same property that the filing party already owns it.
Notice is crucial because Kentucky upholds what is known as a notice recording statute. This statute establishes that if there is a later buyer who purchases a property for fair value and they are not given due notice (that is, there is no record) of any earlier conflicting purchases of the same property, their claim to the property will be prioritized over any future recordings.