Washington, DC Quitclaim Deed: Requirements, Recording and Taxes

In Washington, DC, a quitclaim deed is in practice a deed in the short form of D.C. Code § 42-601, which uses the words "do grant unto," with no warranty words added. The grantor signs and seals the deed (§ 42-306), has it acknowledged before a notary (§ 42-401), and records it with the DC Recorder of Deeds at the Office of Tax and Revenue (OTR), together with tax return Form FP-7/C. 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 District of Columbia law on deeds that convey real property without a warranty: the deed and recording sections of D.C. Code Title 42 (chapters 3, 4 and 6), the deed recordation tax (Title 42, chapter 11), the real property transfer tax (Title 47, chapter 9), the recording deadline in § 47-1431, the transfer on death deed in Title 19, and federal mortgage and gift-tax points that affect family transfers. It does not cover title insurance, a lender's own rules, federal income tax, or the law of Maryland, Virginia or any other state.

Is there a quitclaim deed in DC?

The deed sections of the DC Code do not use the word "quitclaim." Chapter 6 of Title 42 (§§ 42-601 to 42-609) sets out statutory deed forms and the meaning of warranty and covenant language, and none of those sections names a quitclaim deed.

What DC has instead is a short form. Section 42-601 gives a fee simple deed form whose granting words are "do grant unto," plus separate forms for a deed by spouse or domestic partner, a life estate, a deed of trust, and trustee's and executor's deeds. The section also provides that "Any other form conforming to the rules herein laid down shall be sufficient."

A deed in that form carries no warranty unless warranty language is added. Under § 42-604, a deed has general warranty effect when the grantor covenants "that he will warrant generally the property hereby conveyed," or when the granting words are followed by "with general warranty." Section 42-605 does the same for special warranty. A deed without those words is what people in DC usually mean by a quitclaim.

That difference matters to the person receiving the property. A warranty deed gives the grantee a promise to defend the title; a deed without warranty words does not. For a side-by-side comparison, see quitclaim vs. warranty deeds.

DC's Recorder of Deeds does not publish a fill-in quitclaim or grant deed form; its forms list holds tax forms, affidavits, lien and release forms, and transfer on death forms. The Recorder's FAQ says the office "cannot provide legal advice or assist in completing any forms," so a lawyer licensed in DC is the usual source for drafting a deed.

DC deed requirements

Signing, sealing and notarizing

Every DC deed must be signed and sealed by the grantor under § 42-306 and acknowledged and certified as § 42-401 requires. The Recorder may not accept an instrument for recording unless it is executed and acknowledged according to law (§ 42-407(1)). OTR's recording page puts it plainly: "The names and signatures of everyone giving or receiving the property (Grantors and Grantees) must be printed and signed. All signatures must be notarized."

The Recorder's FAQ says it accepts notarial acts performed outside the District. DC also has a cure for some formal defects in instruments recorded on or after September 21, 2022: under § 42-404(a), the curable defects are a missing or defective acknowledgment, a missing clerk's certificate, a missing notary seal or other seal, and a missing attestation. Section 42-404(b) keeps the requirement that a deed be under seal, but a deed accepted for recording without a seal and made effective by these curative provisions is deemed a sealed instrument.

None of §§ 42-306, 42-401, 42-407 and 42-601, or OTR's general recording requirements, calls for a subscribing witness. The statutory form closes with "Witness my hand and seal," which is the grantor's own signing formula.

Legal description

OTR requires "a full legal description of the property (Lot number, square number, subdivision, and reference information from the Office of the Surveyor)." If the property has an A&T (Assessment and Taxation) lot number, it must be included. Section 47-1431(a) separately requires the lot and square number on the recorded deed, and the Recorder's FAQ explains that DC identifies property by Square, Suffix and Lot (SSL).

Unpaid taxes can block recording

Under § 42-407(2), the Recorder may not accept for recording a deed for property on which taxes, assessments or charges are owing under Title 42, chapter 11 or Title 47, chapters 9 and 14, or to a taxing agency, subject to exceptions in that section. Clear any unpaid real property tax before you take the deed in.

Does a spouse have to sign a DC quitclaim deed?

DC abolished dower and curtesy. Section 19-102 says, "The estates of dower and curtesy are abolished."

Section 42-601 includes a separate "deed by spouse or domestic partner" form for spouses or domestic partners who convey together. Under § 42-516(c), a conveyance to spouses or domestic partners may create a tenancy by the entirety, and under § 42-516(b) an owner may convey to himself or herself and another person, so one owner can deed a home to himself or herself and a spouse.

Those sections do not settle every case in which a spouse who is not on title might need to sign. If you are married or in a domestic partnership and only one of you is on title, ask a DC lawyer before you record. If the deed is part of a divorce, see our guide to DC divorce laws.

Recording a quitclaim deed with the DC Recorder of Deeds

DC is a single recording jurisdiction, so every deed goes to one office: the Recorder of Deeds, which OTR describes as part of the Office of Tax and Revenue that "keeps all official records about land and property in Washington, D.C." and "collects taxes and fees when people file documents involving property." The Recorder's FAQ says documents may be presented electronically, in person or by mail. Once recorded, the deed becomes part of the land records; see our guide to DC property records.

What recording does

Between the grantor and grantee, a properly delivered deed takes effect from delivery. Recording protects the new owner against everyone else. Under § 42-401, a deed takes effect from delivery "except, that as to creditors and subsequent bona fide purchasers and mortgagees without notice of said deed, and others interested in the property, it shall only take effect from the time of its delivery to the Recorder of Deeds for record."

If two deeds to the same property go to bona fide purchasers for value without notice, the one recorded first is preferred (§ 42-406).

The 30-day recording deadline

DC also makes recording a duty. Section 47-1431(a) requires the transferee to record the deed within 30 days after it is executed, and § 47-1433(c) imposes a $250 penalty for failing to do so, which the Mayor may waive.

Recording fees

OTR's fee schedule charges "$25- To record all other types of documents," which covers a deed, plus the $5 surcharge that § 42-1211 requires. The Recorder's FAQ states the total as $30.00 for recording deeds and all other documents. Copies cost $2.25 per page and a certified copy $2.25 per document. The recordation and transfer taxes are separate from the recording fee. In person, the Recorder accepts cash, check, money order or Visa or MasterCard; by mail, send a check or money order payable to the DC Treasurer, and make any check for the exact amount.

E-recording

OTR's electronic recording page says, "DC ROD is accepting all document types for e-recording." E-recording runs through approved vendors, which the page lists as CSC/Ingeo, Simplifile and ePN.

DC recordation tax and transfer tax on a quitclaim deed

A DC deed can owe two separate District taxes:

• the deed recordation tax under D.C. Code § 42-1103, paid when the deed is recorded; all parties to the deed are jointly and severally liable for it (§ 42-1103(c)); and
• the real property transfer tax under § 47-903, imposed on the transferor, with the transferee jointly liable if the transferor fails to pay (§ 47-903(c)).

A quitclaim with no money changing hands is not automatically tax free. For the recordation tax, § 42-1103 provides that "if there is no consideration for a transfer or if the consideration for the transfer is nominal, the rate shall be applied to the fair market value of the real property, as determined by the Mayor." Section 42-1104(a) says the same for a deed where no price is paid or the price is nominal, and § 47-903(a)(1)(B) applies fair market value for the transfer tax. Only an exemption, documented when the deed is recorded, takes a deed out of the tax.

Rates

The DC Code sets the rates for each tax separately:

Section 42-1103(a-4) reads: "Beginning October 1, 2006, except for residential properties transferred by deed of title for a consideration less than $400,000, an additional tax of .35% is imposed upon a deed that is subject to the tax under subsection (a)(1) of this section."

OTR's Recorder of Deeds FAQ states the result for each of the two taxes: 1.1% for residential transfers under $400,000, or 1.45% on the entire amount if the transfer is $400,000 or more. The FAQ also says fair market value is used when consideration is nominal, which it describes as less than 30% of fair market value. Ask OTR how the $400,000 threshold applies to a deed taxed on fair market value before you compute the tax.

Exemptions that fit quitclaim deeds

DC's exemption lists are long. The ones that fit common quitclaim situations include:

The family exemption reads: "Deeds between spouses, parent and child, grandparent and grandchild, or domestic partners, as defined in § 32-701(3), without actual consideration therefor." Siblings, in-laws and friends are not on that list, so a gift deed to one of them is taxed on fair market value unless another exemption applies.

The divorce exemption covers "Deeds executed pursuant to a decree of divorce or of separate maintenance or pursuant to a written instrument incident to such divorce or separation." The revocable trust exemption covers "A deed by a transferor that conveys bare legal title to the trustee of a revocable trust, without consideration for the transfer, where the transferor is the beneficiary of the trust." Related paragraphs, §§ 42-1102(18) and (19) and 47-902(13) and (14), cover distribution to the beneficiary at the grantor's death and trustee transfers that would have been exempt if the grantor had made them.

ROD 4 also lists the papers for a surviving tenant by the entirety or joint tenant: "A newly Drafted Deed, Form FP7/C, copy of Death Certificate of deceased tenant, recorded copy of prior Deed."

Form FP-7/C and the exemption papers

A completed Form FP-7/C, the Real Property Recordation and Transfer Tax return (ROD 1), must go with every deed. OTR's recording page says, "A completed Tax Form (FP7C) is required for all Deeds," and the return is executed by all parties to the deed (§§ 42-1103(b)(1), 47-903(b)(1)). The FP-7/C instructions say all signatures must be acknowledged and notarized.

To claim an exemption, ROD 4 says, "the following documents must be provided at the time the deed is submitted for recording." OTR posts ROD 4, the statutory exemption text (ROD 7 for recordation tax, ROD 8 for transfer tax) and the family affidavits on its Recorder of Deeds tax forms page.

Challenging OTR's fair market value

D.C. Law 26-147, the Transfer and Recordation Tax Appeals Amendment Act of 2026, added § 42-1104(d) (recordation tax) and § 47-904(b) (transfer tax). The transferor or transferee may petition OTR to review the fair market value it used within 45 days after the tax is imposed (§ 47-825.01a(d)(2A)), and may then appeal to the Real Property Tax Appeals Commission and, after paying the tax, to the Superior Court (§ 47-825.01a(e), (g)). That matters for a no-consideration deed, which is taxed on fair market value.

Property tax after a quitclaim in DC

A deed does not trigger a special reassessment in DC. OTR says, "The District of Columbia currently uses an annual assessment cycle," so all real property may be valued every year.

The homestead deduction does not move with the deed. OTR's real property FAQ tells a new owner, in its example of an heir, "You may only complete the form when the ownership change is recorded. Once a deed in your name has been recorded, you may file a properly completed Homestead application." The prior owner, or the owner's representative, must file a cancellation within 30 days of the ownership change.

The assessment cap credit is also not simply carried over. OTR says, "Once OTR receives a Homestead Deduction application from the new owner, the cap credit will generally become available within 1 year of the new owner applying for the Homestead Deduction," and the property must be receiving the homestead deduction. Ask OTR how this applies to a gift or family deed before you record.

Mortgages and quitclaim deeds

A deed changes title, not the loan. A quitclaim 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 "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 on 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 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 gift tax on a quitclaim to a family member

Deeding property away for nothing 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 article does not give tax advice.

Deed fraud protections in DC

The Recorder records what meets its rules; it does not judge whether a deed is valid. OTR's recording page says the Recorder of Deeds "does not check if a document is legally valid" and can reject only documents that clearly do not follow the rules.

DC criminal law reaches deed fraud. Under D.C. Code § 22-3241(b), "A person commits the offense of forgery if that person makes, draws, or utters a forged written instrument with intent to defraud or injure another," and "utter" includes presenting, transferring or using the instrument. Section 22-1402 separately makes it a crime to record a deed to property in which the person has no title or color of title, with intent to extort.

The FBI's Internet Crime Complaint Center 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). Ask the DC Recorder of Deeds whether it offers such a service.

Transfer on death deeds as an alternative

If the goal is to pass a home at death rather than now, DC authorizes a transfer on death deed in Title 19, chapter 6, subchapter IV (§ 19-604.01 and following). It must have the formalities of a recordable deed and state that the transfer occurs at the owner's death, and under § 19-604.09, "A transfer on death deed shall be recorded before the transferor’s death in the Office of Recorder of Deeds." Like a deed without warranty, it passes the interest without covenant or warranty (§ 19-604.13(e)).

The Recorder publishes an official Revocable Transfer-on-Death Deed form (ROD 39), which warns that it "must be officially recorded before the death of the transferor to be effective," and a revocation form, ROD 40. For what happens when an owner dies without one, see our guide to DC probate.

Common myths about DC quitclaim deeds

• "A quitclaim is not valid until it is recorded." Between the parties, a delivered deed takes effect from delivery; recording is what protects the new owner against creditors and later bona fide purchasers and mortgagees without notice (§ 42-401). DC still requires recording within 30 days, with a $250 penalty for missing it (§§ 47-1431(a), 47-1433(c)).
• "There is no tax on a gift deed." A no-consideration deed is taxed on fair market value (§ 42-1104(a); § 47-903(a)(1)(B)) unless an exemption applies and is documented, such as the spouse, parent and child, grandparent and grandchild, or domestic partner exemption (§ 42-1102(7); § 47-902(5)).
• "A deed in a divorce is taxed like a sale." Deeds under a divorce or separate maintenance decree, or a written instrument incident to it, are exempt from both taxes (§ 42-1102(26); § 47-902(20)).
• "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
• DC property records
• Quitclaim vs. warranty deeds
• DC divorce laws
• DC probate

This article provides general legal information about District of Columbia law on deeds without warranty, recording, and the deed recordation and transfer taxes, verified on 2026-10-10. It is not legal or tax advice. For your situation, contact the DC Recorder of Deeds (which cannot give legal advice), a legal aid office, or a lawyer licensed in the District of Columbia.

Last updated: 2026-10-10.

Frequently Asked Questions

How do I file a quitclaim deed in DC?

The grantor signs and seals the deed and has it notarized (D.C. Code §§ 42-306, 42-401), with a full legal description including lot and square. Submit it to the DC Recorder of Deeds electronically, in person or by mail, with a completed Form FP-7/C, the $30 recording fee and any recordation and transfer tax, within 30 days of execution (§ 47-1431(a)).

Does a quitclaim deed need to be notarized in DC?

Yes. A deed must be acknowledged under D.C. Code § 42-401, and OTR's recording requirements say all signatures must be notarized, showing the notary's seal, signature, name and commission expiration date. The Recorder accepts notarial acts performed outside the District.

Does a DC deed need witnesses?

None of D.C. Code §§ 42-306, 42-401, 42-407 and 42-601, or OTR's general recording requirements, calls for a subscribing witness. The deed must be signed, sealed and notarized.

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

OTR charges $25 to record a deed plus the $5 surcharge required by D.C. Code § 42-1211, which its FAQ states as $30.00. The deed recordation tax and transfer tax are separate.

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

Unless an exemption applies, yes. A deed with no or nominal consideration owes the recordation tax (D.C. Code § 42-1103) and the transfer tax (§ 47-903) on fair market value, each at 1.1% plus an additional 0.35% except for residential property transferred for less than $400,000. Deeds without actual consideration between spouses, parent and child, grandparent and grandchild, or domestic partners are exempt (§ 42-1102(7); § 47-902(5)).

Is a deed to my own revocable trust taxed in DC?

A deed of bare legal title to the trustee of a revocable trust, without consideration, where the transferor is the beneficiary, is exempt from the recordation tax (D.C. Code § 42-1102(17)) and the transfer tax (§ 47-902(12)). OTR's ROD 4 requires the deed, Form FP-7/C and a copy of the trust or a certification of trust.

Does a quitclaim deed remove me from the mortgage?

No. 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 will be obligated on the loan.

Will I keep the DC homestead deduction after a quitclaim?

The deduction does not transfer with the deed. OTR says a new owner may file a homestead application once a deed in that owner's name is recorded, and the prior owner or representative must file a cancellation within 30 days of the ownership change.