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OpenDocumentA Delaware quit claim deed is used when a property owner wishes to transfer their interest to another party (grantee) without warranty of title. Warranty deeds provide protections from title issues such as liens and encumbrances that a quit claim deed does not. Quit claim transfers are generally used when ownership changes hands without consideration, such as transferring between spouses or to a living trust. This type of deed can also be used to correct title defects such as missing signatures and typos on the original instrument.
Versions (2)
Kent and New Castle County Version – Users from Kent or New Castle County should use this form to suit the counties’ formatting requirements
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Sussex County Version – Residents of Sussex County should use this form if they require a quit claim deed.
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- Statutes: Chapter 1 – Deeds
- Formatting:
- Signing Requirements (§ 122): Notary Public or proved in Superior Court before one (1) or more witnesses.
- Where to Record (§ 154): County Recorder’s Office in either Kent County, New Castle County, or Sussex County.
- Recording Fees:
- Forms:
- Realty Transfer Tax Return and Affidavit of Gain and Value (Form 5402): In accordance with § 9605(d), this form must be submitted to the County Recorder with the quit claim deed.
- Kent County New Property Ownership Form: This form must be completed and submitted with all property transfers recorded in Kent County.
- Property Disclosure Statement (§ 2572): Sellers wishing to sell their property must provide prospective buyers with this document which details any material defects that may affect the property.
- Radon Disclosure (§ 2572A): Potential buyers must be made aware if the property is at risk for radon exposure, as well as records of any testing or inspections that have been done.