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Free Quit Claim Deed Form — Delaware

Use this free Delaware quit claim deed form to transfer real property between individuals, family members, corporations, or trusts. Deeds are recorded with the Recorder of Deeds in the county where the property is located. Delaware has a combined transfer tax of approximately 4% (2% state plus up to 1.5% local), typically split between grantor and grantee, though family transfers may qualify for reduced rates.

Common Uses for a Quit Claim Deed in Delaware

Delaware quit claim deeds are most often used to transfer property between spouses during or after a divorce, or to add a new spouse to an existing title after marriage. Estate planning transfers into revocable living trusts are common because they help avoid probate. Parents gift real estate to adult children, and Delaware business owners frequently transfer property into LLCs to take advantage of Delaware's favorable business laws. Correcting errors in a previously recorded deed, such as a misspelled name or incomplete legal description, is another practical use.

Delaware Quit Claim Deed Form

Delaware Quit Claim Deed Form

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Your deed needs to be notarized before recording

All quit claim deeds must be notarized to be legally valid. Notarize online from your phone or computer — no travel required, available 24/7.

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Delaware Quit Claim Deed Requirements

Before recording a quit claim deed in Delaware, make sure the document meets these requirements:

  • ✓Deed must be in writing and signed by the grantor(s)
  • ✓Grantor's signature must be acknowledged before a notary public
  • ✓Property must be identified by its legal description
  • ✓Deed must name the grantor(s) and grantee(s) by full legal name
  • ✓Must be recorded with the Recorder of Deeds in the county of the property
  • ✓State Realty Transfer Tax: 2% of value; local transfer tax up to 1.5%
  • ✓Family transfers may qualify for reduced transfer tax rates
  • ✓Recording fees are paid at time of filing

After You Record Your Deed in Delaware

After the Recorder of Deeds processes your deed, the original is returned to the grantee or the designated return address. Recording times and fees vary by county. The recorder's office notifies the county assessment office of the transfer so that property tax records are updated. The grantee is responsible for property taxes from the date of the deed. Keep the recorded deed in a secure location as it is your primary evidence of ownership.

Delaware Quit Claim Deed FAQ

Does a quit claim deed need to be notarized in Delaware?

Yes. Delaware requires the grantor's signature to be acknowledged before a notary public before the deed can be recorded. Online notarization through a service like NotaryLive is accepted in Delaware.

Where do I record a quit claim deed in Delaware?

You file the deed with the Recorder of Deeds in the county where the property is located. Delaware has three counties: New Castle, Kent, and Sussex, each with its own Recorder of Deeds. Recording fees vary by county.

Is there a transfer tax in Delaware?

Yes. Delaware imposes a Realty Transfer Tax of 2% at the state level, plus a local transfer tax of up to 1.5%, for a combined rate of up to 3.5%. By convention, this is typically split equally between the grantor and grantee. Family transfers, including between spouses and in certain parent-to-child transfers, may qualify for a reduced rate.

Can I use a quit claim deed to transfer property to a family member in Delaware?

Yes. Family transfers are among the most common uses of quit claim deeds in Delaware. Certain transfers between family members, including spouses, parents, and children, may qualify for a reduced transfer tax rate. Confirm the exemption or reduced rate with the Recorder of Deeds or a Delaware real estate attorney before filing.

Are there exemptions to the Delaware Realty Transfer Tax?

Delaware provides a reduced transfer tax rate for certain family transfers. Transfers between spouses, between parents and children, and between grandparents and grandchildren may qualify for a reduced rate or exemption. Transfers to government entities and certain nonprofit organizations may also be exempt. The applicable exemption must be claimed on the transfer tax return at the time of recording.

What is a legal description and where do I find it in Delaware?

A legal description is the formal identification of a parcel of real property that appears in all recorded deeds and title documents. In Delaware, it typically uses metes and bounds measurements for older property or lot and block numbers for platted subdivisions. You can find the legal description on your current deed, your title insurance commitment, or through the county recorder's public records. A street address alone is not a valid legal description.

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