Delaware Quitclaim Deed: Requirements, Recording and Transfer Tax

A Delaware quitclaim deed is a deed that conveys real estate using release or quitclaim wording instead of the "grants and conveys" language of Delaware's statutory deed form (25 Del. C. 121), which the law reads as a special warranty. To be recorded it must be acknowledged before a notary or another listed officer (25 Del. C. 122, 151) and carry the preparer's name and address, the parcel number and the grantee's address, and it is recorded in the recorder of deeds' office for the county where the land lies (25 Del. C. 151), along with Form RTT-TAX. For other states, see our guide to quitclaim deed rules by state.

Information last verified on 2026-10-10. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Delaware law on quitclaim deeds: the deed provisions of 25 Del. C. chapter 1 (sections 121 to 133 on form and acknowledgment, 151 to 154 on recording, and subchapter V on electronic recording), the recorder's requirements in 9 Del. C. 9605, the realty transfer tax in 30 Del. C. chapter 54 with local taxes under 9 Del. C. 8102 and 22 Del. C. 1601, the abolition of dower and curtesy in 12 Del. C. 511, and the transfer on death deed in 25 Del. C. chapter 2, with federal mortgage and gift-tax points where they affect a family transfer. It does not cover title insurance, a lender's own underwriting rules, county recording fees or local transfer tax rates, property tax assessment, federal tax advice, or other states' laws.

What a quitclaim deed does in Delaware

Delaware's deed statute does not create a deed called a quitclaim. 25 Del. C. 121(a) prints one statutory form, in which the grantor "hereby grants and conveys unto the said party of the second part." Section 121(b) provides that a deed not in that form is not invalid, so a deed drafted with release or quitclaim wording is an ordinary, non-statutory deed. Delaware's transfer tax law confirms that such deeds exist: a taxable "document" includes "any deed, instrument or writing whereby any real estate within this State, or any interest therein, shall be quitclaimed, granted, bargained, sold, or otherwise conveyed to the grantee" (30 Del. C. 5401(1)).

The difference lies in the promises the deed carries. Under 25 Del. C. 121, "The words “grant and convey” in any deed shall, unless specifically restricted or limited operate as a special warranty against the grantor and the grantor’s heirs and all persons claiming under the grantor or them." A deed in the statutory form, duly executed and acknowledged, passes the fee simple or other whole estate the grantor could lawfully convey, unless it says otherwise.

What covenants a deed with release or quitclaim wording carries is not set out in the statute, so ask a Delaware lawyer if it matters to your transfer. For the general difference between deed types, see quitclaim vs. warranty deeds.

People in Delaware use a quitclaim to add or remove a spouse, give a home to a child, move property into a trust, or clear title after a divorce. The county recorder of deeds can explain local recording requirements, though recorders cannot give legal advice, and a lawyer licensed in Delaware can prepare the deed.

Delaware quitclaim deed requirements

Acknowledgment

Under 25 Del. C. 122, "A deed concerning lands, tenements or hereditaments may be acknowledged in any county, by any party to the deed, in the Superior Court, or before any judge of this State, or notary public, or before 2 justices of the peace for the same county, or before the Mayor of the City of Wilmington." The officer certifies the acknowledgment in a certificate on or attached to the deed (25 Del. C. 123), and section 129 covers acknowledgments taken outside Delaware.

Witnesses

The statutory form in 121(a) has "Sealed and Delivered in the Presence of" lines, but 121(b) says a deed in another form is still valid. Section 122 gives witnesses a role only as an alternative to acknowledgment: "Also, such deed may be proved in the Court by 1 or more of the subscribing witnesses." The provisions on deed form, acknowledgment and recording in 25 Del. C. chapter 1, subchapters II and III, do not add a witness requirement for a deed acknowledged before a notary. A transfer on death deed is different and needs two witnesses (see below).

What the recorder requires on the deed

9 Del. C. 9605 sets conditions the recorder of deeds checks before accepting a deed:

• Prepared by. The recorder "shall not accept" a deed unless it "contains the words “prepared by” followed by the name and address of the person who drafted or prepared the deed or other instrument for recording" (9605(h)). The information must appear on the first page.
• Parcel number. The deed must contain "in a conspicuous place the county tax assessment parcel identification number of the parcel or parcels affected" (9605(f)).
• Format. Each recorder may issue regulations on "the format and size of instruments to be accepted for recordation including, but not limited to the map scale, type size, paper size, margins and requirements for open areas within an instrument" (9605(g)). Format rules come from your county recorder, not one statewide standard.
• Affidavit of residence and gain. "No recorder shall accept for recording any deed or other instrument purporting to convey title to real estate unless and until the Recorder has first received an affidavit of residence and gain," except for transactions excluded from the transfer tax definition of "document" in 30 Del. C. 5401(1) (9605(d), (e)). Each recorder makes the affidavit form available.

25 Del. C. 133 adds: "Anyone leaving for record any deed conveying lands and tenements shall place upon or attach to the deed the address of the grantee." And under 30 Del. C. 5409, every document lodged for recording "shall set forth therein and as a part of such document the true, full and complete value thereof, or shall be accompanied by an affidavit executed by a responsible person connected with the transaction" giving the value and the reason, if any, the document is not taxable.

Does a spouse have to sign a Delaware quitclaim deed?

Delaware abolished dower and curtesy: "The estates of dower and curtesy are abolished" (12 Del. C. 511). Some older sections of Title 25 still speak of dower, curtesy and a spouse joining in a deed. Ask a Delaware lawyer how those sections apply today and whether your spouse should sign a deed of property in your name alone.

A surviving spouse may also elect to take one third of the elective estate (12 Del. C. 901, 902). That is a probate rule that applies after death, not a signature requirement for a lifetime deed. If the quitclaim is part of a divorce, see our guide to Delaware divorce laws.

Recording a quitclaim deed with the county recorder of deeds

Under 25 Del. C. 151, a deed must "be recorded in the recorder’s office for the county wherein such lands or tenements or any part thereof are situated." Delaware has three county recorders of deeds: New Castle, Kent and Sussex. A recording in one county affects only land in that county (25 Del. C. 152). Once recorded, the deed becomes part of the county's land records; see our guide to Delaware property records for how to search them.

What recording does

Delaware's recording statute is about priority. 25 Del. C. 153 provides: "A deed concerning lands or tenements shall have priority from the time that it is recorded in the proper office without respect to the time that it was signed, sealed and delivered." A deed that has not been recorded can still be recorded later (25 Del. C. 154), but its priority runs only from the day it is recorded, so record a quitclaim promptly.

Recording fees

Delaware does not set one statewide recording fee. Under 9 Del. C. 9617 and 9619, the fees of the recorder of deeds in New Castle and Sussex Counties, and separately in Kent County, are "established by ordinance." Check your county recorder's current fee schedule before you record.

Electronic recording

25 Del. C. chapter 1 includes "Subchapter V. Electronic Recording" (sections 180 to 184), covering the validity and recording of electronic documents. Ask your county recorder of deeds whether it accepts e-recording and through which service.

Delaware realty transfer tax on a quitclaim deed

Delaware taxes the transfer of real estate under 30 Del. C. chapter 54. The tax is imposed on every person who makes, executes, delivers, accepts or presents a taxable document for recording, and it is payable when the document is presented for recording.

The rate

30 Del. C. 5402 imposes "a realty transfer tax at the rate of 3 percent of the value of the property represented by such document, unless the municipality or county where the property is located has enacted the full 1½ percent realty transfer tax authorized by § 1601 of Title 22 or § 8102 of Title 9, in which case 2½ percent." No tax applies when the actual value is less than $100 (5402(b)).

Where the full local tax applies, the total is 4 percent. The Division of Revenue's Form RTT-TAX instructions (revised 10/17/24) use that figure, a rate of four percent "taxed at 2.5% by the State of Delaware and 1.5% by either the municipality or the county."

Counties may impose a local tax of up to 1 1/2 percent in unincorporated areas (9 Del. C. 8102), and municipalities may impose up to 1 1/2 percent (22 Del. C. 1601); the statutes do not list which counties and towns levy it, so confirm the local share with your county recorder of deeds before you record. In Kent County, the recorder collects the state and municipal transfer tax before recording, except the City of Dover's tax and the tax of any town that has told the recorder it will collect its own (9 Del. C. 9605(i)); for Dover or another town that collects its own tax, ask the town how its tax is paid. Section 5402(c) also provides a reduction for first-time home buyers.

Who pays, and on what value

The Code states: "Said tax is to be apportioned equally between grantor and grantee." Section 5412 provides that, absent a contrary agreement, the burden of paying the tax is on the grantor.

The tax is figured on value, not just the price paid. Value is the actual consideration plus liens, but "in the case of a transfer for an amount less than the highest appraised full value of said property for local real property tax purposes, “value” shall mean the highest such appraised value," unless a party shows that fair market value is lower, in which case value is fair market value or the actual consideration, whichever is greater (30 Del. C. 5401(4)). A gift deed is taxed on that value unless an exemption applies.

Exemptions that fit family quitclaims

30 Del. C. 5401(1) excludes several kinds of transfers from the taxable "document" definition. Those that fit common quitclaim situations are:

• "Any conveyance between spouses" (5401(1)g);
• a conveyance between former spouses made after the final divorce decree, of property they acquired before the decree (5401(1)h);
• "Any conveyance between parent and child or the spouse of such a child" (5401(1)i);
• a conveyance between siblings, half siblings or step siblings (5401(1)w);
• a conveyance between grandparent and grandchild or the spouse of such a grandchild (5401(1)aa);
• a conveyance "To a trustee, nominee or straw party for the grantor as beneficial owner," or from such a person back to the beneficial owner (5401(1)j);
• a transfer on death deed under 25 Del. C. chapter 2, and a will (5401(1)a).

A gift to a friend or another relative not on the list is not exempt. Sections 5401 and 5403 also apply to the local taxes, so the same exemptions carry over.

Form RTT-TAX

The Division of Revenue's Form RTT-TAX, the Realty Transfer Tax Return and Affidavit of Gain and Value, "must be completed for all conveyances and must be presented at the time of recording." For an exempt conveyance, Part D asks you to "Explain the basis for the exemption from Realty Transfer Tax. Cite the Section of the exemption from Section 5401 of 30 Del. C. if known." The instructions add that the seller signs the return and that "The Return must be notarized and dated." The Form RTT-TAX linked here is the Division of Revenue's 2024 version; check with the Division for the current revision, and ask your county recorder whether it also uses its own affidavit form.

Property tax after a Delaware quitclaim deed

Ask your county's assessment office how a deed will affect your property tax bill and any exemption on your home before you record it.

Mortgages and quitclaim deeds

A Delaware quitclaim conveys the grantor's interest in the land and does not change who owes the loan, so this section rests on federal regulations. A deed does not remove anyone from a mortgage; only the lender can release a borrower. Under 12 CFR 191.5(b)(4), if, before the transfer, the lender and the new owner agree in writing that the new owner will be obligated on the loan, then on that agreement "a lender shall release the existing borrower from all obligations under the loan instruments."

Federal law limits when a lender can call a home loan due because of a transfer. Under 12 U.S.C. 1701j-3(d), for a loan secured by residential property with fewer than five dwelling units, a lender may not use a due-on-sale clause for certain transfers, including a transfer where the borrower's spouse or children become an owner and a transfer on the death of a joint tenant or tenant by the entirety. The federal regulation, 12 CFR 191.5(b), applies these limits to a loan on a home occupied or to be occupied by the borrower, and covers:

• a transfer where the spouse or children become an owner, or a transfer from a divorce decree, legal separation agreement or property settlement by which the spouse becomes an owner, where the person taking title occupies or will occupy the property (12 CFR 191.5(b)(1)(v));
• a transfer into a living (inter vivos) trust in which the borrower is and remains the beneficiary and occupant, unless the borrower refuses to give the lender reasonable means of notice of later transfers (12 CFR 191.5(b)(1)(vi)).

These limits are conditional, and a lender keeps the right to enforce the clause if a later event disqualifies the transfer (12 CFR 191.5(b)(5)). Transfers outside the listed categories, such as to a sibling or friend, are not covered. Talk to the lender before signing. Federal servicing rules also recognize a "successor in interest," such as a spouse or child who receives an ownership interest from a borrower (12 CFR 1024.31).

Federal gift tax on a quitclaim to a family member

Giving property away by quitclaim can be a gift for federal tax purposes. The IRS says the gift tax "applies to the transfer by gift of any type of property." For 2026, "the annual exclusion for gifts remains at $19,000" per recipient. The IRS lists gifts to your spouse among gifts that are not taxable and says the donor is generally responsible for paying any gift tax. If your spouse is not a U.S. citizen, the IRS limits tax-free gifts to that spouse to an annual exclusion of $194,000 for 2026.

The IRS also says the recipient's basis in gifted property is generally the same as the donor's basis. Ask a tax professional before deeding a home as a gift; this page does not give tax advice.

Deed fraud protections in Delaware

Each Delaware county's recorder of deeds offers an alert when a document is recorded in your name:

• Kent County. The Recorder of Deeds offers free property fraud alert software that emails you when a new document is recorded in your registered name. The county says: "Registering for our FREE property fraud alert software is the only way to know you are the victim of a scam." It also says registering will not prevent theft, and that after a fraudulent recording the owner must petition the court, at the owner's own expense, to have it removed.
• Sussex County. "The Recording Activity Notification Service is an electronic notification service that alerts a subscriber via email every time a land records document is recorded with a requested name." It works by name, not by parcel or address, and is run by a third-party contractor, Landmark.
• New Castle County. The Recorder of Deeds uses AlertMe, "a voluntary alert system to notify you when a document containing your name has been recorded or has been recently corrected." The county says it does not own, develop or maintain the software.

The FBI's Internet Crime Complaint Center has also warned about impersonators using fictitious deeds to sell vacant land, and advises owners to "Check if your County Recorder, Register of Deeds, County Appraisal District, or County Clerk’s Office offer notification services and send an automated email or text when a legal document is recorded using your name" (IC3 PSA I-061626-PSA).

Transfer on death deed: an alternative to a quitclaim

Delaware authorizes a transfer on death deed under its Uniform Real Property Transfer on Death Act, 25 Del. C. chapter 2 (sections 201 to 221). The act, 85 Del. Laws, c. 212 (House Substitute 1 for House Bill 147), was approved September 5, 2025, and provides: "This Act takes effect 90 days after its enactment into law." Under the act, "An individual may transfer property to 1 or more beneficiaries effective at the transferor’s death by a transfer on death deed."

Under 25 Del. C. 209, a transfer on death deed must have the essential elements of a recordable deed, including notarization; be witnessed by 2 individuals, at least 1 of whom is not a beneficiary; state that the transfer occurs at the owner's death; and be recorded with the county recorder of deeds before the owner dies. A transfer on death deed is excluded from the realty transfer tax (30 Del. C. 5401(1)a). For estates more broadly, see our guide to Delaware probate.

Common myths about Delaware quitclaim deeds

• "A gift deed is free of transfer tax." Only if it fits an exemption in 30 Del. C. 5401(1), such as a transfer between spouses, parent and child, siblings, or grandparent and grandchild, or to the grantor's own trustee or nominee. Otherwise the tax is figured on value, using the highest appraised value when the stated price is lower.
• "A quitclaim does not need the transfer tax form." Form RTT-TAX "must be completed for all conveyances," with Part D used to explain an exemption.
• "A quitclaim takes me off the mortgage." No. Only the lender can release a borrower (12 CFR 191.5(b)(4)).

Related

• Quitclaim deed rules by state
• Delaware property records
• Quitclaim vs. warranty deeds
• Delaware divorce laws
• Delaware probate

This article provides general legal information about Delaware law on quitclaim deeds, verified on 2026-10-10. It is not legal or tax advice. For your situation, contact your county recorder of deeds (who cannot give legal advice), the Delaware Division of Revenue for transfer tax questions, a legal aid office, or a lawyer licensed in Delaware.

Last updated: 2026-10-10.

Frequently Asked Questions

How do I file a quitclaim deed in Delaware?

The grantor signs the deed and acknowledges it before a notary or another officer listed in 25 Del. C. 122. The deed needs a 'prepared by' line, the parcel number (9 Del. C. 9605) and the grantee's address (25 Del. C. 133), and is recorded with the county recorder of deeds (25 Del. C. 151) along with Form RTT-TAX.

Does a quitclaim deed need to be notarized in Delaware?

To be recorded, it must be acknowledged or proved and the acknowledgment certified (25 Del. C. 151). Acknowledgment may be before a notary public, a Delaware judge, 2 justices of the peace for the same county, the Mayor of Wilmington, or in the Superior Court (25 Del. C. 122).

How much does it cost to record a quitclaim deed in Delaware?

There is no statewide figure: recording fees in New Castle and Sussex Counties, and separately in Kent County, are established by county ordinance (9 Del. C. 9617, 9619). Check your county recorder of deeds' fee schedule.

Do you pay transfer tax on a quitclaim deed in Delaware?

Yes, unless the transfer fits an exemption in 30 Del. C. 5401(1), such as a transfer between spouses, parent and child, siblings, grandparent and grandchild, or to your own trustee or nominee. The state rate is 3 percent, or 2 1/2 percent where the full 1 1/2 percent local tax applies, for a combined 4 percent (30 Del. C. 5402; Form RTT-TAX instructions); confirm the local share with your county recorder of deeds.

Do I need Form RTT-TAX for a gift or family quitclaim in Delaware?

The Division of Revenue says Form RTT-TAX must be completed for all conveyances and presented at the time of recording. For an exempt transfer, Part D asks you to explain the exemption and cite the 5401 subsection if known. The seller signs the return, and it must be notarized and dated.

Does my spouse have to sign a quitclaim deed in Delaware?

Delaware abolished dower and curtesy (12 Del. C. 511), but some older Title 25 sections still mention a spouse joining a deed. Ask a Delaware lawyer whether your spouse should sign a deed of property in your name alone.

Does a quitclaim deed remove me from the mortgage?

No. A deed conveys the grantor's interest in the land; under 12 CFR 191.5(b)(4), a lender releases a borrower only when, before the transfer, the lender and the new owner agree in writing that the new owner is obligated on the loan.

Can I use a transfer on death deed in Delaware instead?

Yes. 25 Del. C. chapter 2, enacted by an act approved September 5, 2025 that took effect 90 days after enactment, authorizes it. The deed must be notarized, witnessed by 2 people (at least 1 not a beneficiary) and recorded before the owner's death (25 Del. C. 209).