Ohio Quit Claim Deed Form
In a relatively short amount of time, an individual can draw up an Ohio Quit Claim Deed to assign their property interest to another individual without title covenant or other guarantees. The form does not tend to be lengthy, as only standard details about the parties involved (who are referred to as the “Grantor” and “Grantee”), what the conveyance entails (i.e., the transfer of the Grantor’s interest in a given property to the Grantee), as well as any other relevant clarifying terms. Ohio state law does impose particular requirements, but in comparison to other states, these are minimal. Before making a DIY Ohio Quit Claim Deed, the Grantor and Grantee can set themselves up for success by taking a read of the following guide.
Dower rights (§ 2103.02): It is important for both the Grantor and Grantee to keep in mind that Ohio is one of the few states that has retained “dower rights.” Ohio’s dower rights allow a spouse to be, “endowed of an estate for life in one third of the real property.” In other words, a spouse is required by law—for the rest of their life—to receive one third (1/3) of any profits from the property owned by their spouse.
Grantees who are nonresident aliens (§ 5301.254): If the Grantee is a “nonresident alien” (defined in § 5301.254(A) as “any individual who is not a citizen of, and is not domiciled in, the United States”) and they acquire property interest that a) is more than three (3) acres or b) has a market value of over one hundred thousand dollars ($100,000), they are required to submit specific information about themselves to the secretary of state, as listed in § 5301.254(B).
The submission must take place within thirty (30) days of acquiring the property interest, a filing fee of five dollars ($5.00) must be paid at the time.
Statutory form of an Ohio Quit Claim Deed (§ 5302.11): Ohio state law provides a basic statutory Quit Claim Deed form that can be utilized by a Grantor and Grantee, as follows:
. . . . . . . (marital status), of . . . . . . County, . . . . . . for valuable consideration paid, grant(s) to . . . . ., whose tax-mailing address is . . . . ., the following real property:
(description of land or interest therein and encumbrances, reservations, and exceptions, if any)
Prior Instrument Reference: Volume . . . . . ., Page . . . .
. . . . . ., wife (husband) of the grantor, releases all rights of dower therein.
Executed this . . . . . . . day of . . . . . . ..
. . . . . . . . . . . . . . . . . . . . . . . . . .
(Signature of Grantor)
(Execution in accordance with Chapter 5301. of the Revised Code)”
Survivorship tenancy (§ 5302.20): If the Quit Claim Deed conveys the property to two (2) or more people who name survivors to the property, this will construe those individuals as survivorship tenants.
Volume and page reference (§ 5301.011): The Deed should include a reference (by volume and page) to the record of the legal instrument by which the Grantor claims title of the property.
How to file a Quit Claim Deed in Ohio (§ 5301.25): According to state law, every Ohio Quit Claim Deed requires recording in the County Recorder’s Office in the county where the property is based. Fees will apply. However, prior to recording the Deed at the County Recorder’s Officer, however, § 319.20 establishes the necessity to submit it to the County Auditor’s Office.
- Form DTE 100: Real Property Conveyance Fee Statement of Value and Receipt
- Form DTE 100EX: Statement of Reason for Exemption
Ohio adheres to a “race-notice recording statute,” as evidenced in the following quote from § 5301.25:
“Until so recorded or filed for record, they [the filer] are fraudulent insofar as they relate to a subsequent bona fide purchaser having, at the time of purchase, no knowledge of the existence of that former deed, land contract, or instrument.”
To summarize in layman’s terms, it is fraudulent to leave a conveyance unrecorded as it denies someone else who is interested in the property the knowledge (i.e., notice) that such a conveyance exists. As to not punish this individual for something that is out of their hands, the law will favor their claim to the property if they record their conveyance over an unrecorded conveyance.