Idaho Quitclaim Deed: Requirements, Recording and Spousal Rules

An Idaho quitclaim deed is a written conveyance in which the grantor passes whatever interest they hold in real property, without the title promises that come with the word "grant." To count, it must be in writing and signed by the grantor, name the grantee with a complete mailing address (Idaho Code 55-601), and be acknowledged before it can be recorded (Idaho Code 55-805); it is recorded with the county recorder of the county where the property is located (Idaho Code 55-808). 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 Idaho law on quitclaim deeds: the conveyance provisions of Idaho Code Title 55, chapter 6 (55-601, 55-604, 55-605 and 55-612), the recording provisions of Title 55, chapter 8 (55-805 to 55-820), the community property joinder rule in 32-912, the homestead consent rule in 55-1007, community property with right of survivorship under 15-6-401, the recording page standards in 31-3205, and the homestead exemption and ownership records in Title 63, 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 fees or programs beyond those named, federal tax advice, or other states' laws.

What a quitclaim deed does in Idaho

Idaho Code Title 55, chapter 6, which governs transfers of real property, does not set out a quitclaim deed form. The basic rule in Idaho Code 55-601 applies to every deed: "A conveyance of an estate in real property may be made by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing. The name of the grantee and his complete mailing address must appear on such instrument."

What separates a quitclaim from a grant or warranty deed in Idaho is the promises it carries. Idaho Code 55-612 implies two covenants from the word "grant": "From the use of the word 'grant' in any conveyance by which an estate of inheritance, possessory right, or fee simple is to be passed, the following covenants, and none other, on the part of the grantor, for himself and his heirs, to the grantee, his heirs and assigns, are implied, unless restrained by express terms contained in such conveyance." Those covenants are that the grantor has not already conveyed the same estate to someone else and that the property is free from encumbrances made by the grantor. A deed that conveys and quitclaims without using the word "grant" carries no covenants under 55-612. Whether a deed labeled a quitclaim that does use "grant" picks them up is a question for a lawyer.

Two more chapter 6 rules matter to a grantee. Idaho Code 55-604 provides that "A fee simple title is presumed to be intended to pass by a grant of real property unless it appears from the grant that a lesser estate was intended." And under 55-605, when a person "purports by proper instrument to convey or grant real property in fee simple" and later acquires title, that title passes to the grantee. Whether 55-605 reaches a deed that quitclaims only the grantor's present interest is not settled by the statute's text; ask a lawyer if it matters to you. For how a quitclaim compares with a warranty deed, see quitclaim vs. warranty deeds.

People in Idaho 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. Your county recorder can explain local recording requirements, though recorders cannot give legal advice, and a lawyer licensed in Idaho can prepare the deed.

Idaho quitclaim deed requirements

Acknowledgment before a notary

Idaho Code 55-805(1) provides: "Before an instrument may be recorded, unless it is otherwise expressly provided, its execution must be acknowledged by the person executing it." The acknowledgment must be certified substantially as prescribed by Title 51, chapter 1, which governs notarial acts. An acknowledgment taken outside Idaho that is valid under the law of the place where it was taken is also entitled to be recorded. Ask the county recorder or your notary about remote notarization before relying on it.

Witnesses

Idaho's deed statutes do not call for witnesses. Idaho Code 55-601 asks only for a writing subscribed by the grantor, and the recording provisions in chapter 8 (55-801 to 55-820) call for an acknowledgment, not witnesses.

Grantee address and page standards

The grantee's complete mailing address is a statutory requirement, not a courtesy: "The name of the grantee and his complete mailing address must appear on such instrument" (Idaho Code 55-601).

Idaho Code 31-3205(6) sets the page standard: "A page shall not exceed fourteen (14) inches in length nor eight and one-half (8 1/2) inches in width. Each page shall be typewritten or be in legible writing." Counties add their own layout rules. The Bonner County recorder, for example, requires a clear three-inch top margin on the first page or a cover sheet, which is counted as an extra page. Check your county recorder's instructions before you sign.

No Idaho statute cited here prescribes how the legal description in a deed must be written. Idaho Code 55-818, which covers a recorded summary of an instrument, lists "the legal description of the property" among its required items, and county recorders publish their own checklists.

Other recording rules

A county recorder may refuse a document that the law does not authorize to be recorded (Idaho Code 31-2402(2)). If an agent signs the deed under a power of attorney, "An instrument executed by an attorney in fact must not be recorded until the power of attorney authorizing the execution of the instrument is filed for record in the same office" (Idaho Code 55-806).

For deeds recorded on or after July 1, 2022, Idaho Code 55-820 makes the preparer responsible for keeping a restrictive covenant that the section prohibits out of the deed: "The person who prepares or submits a deed for recordation has the responsibility for ensuring that such a restrictive covenant is not referenced in the deed prior to such deed being submitted for recordation." The county clerk may refuse such a deed.

Medicaid notice when transferring property

Idaho Code 55-819 adds a step for some owners who receive Medicaid. If the Department of Health and Welfare has recorded a request for notice of transfer or encumbrance against the property, "such individual, his agent or family member shall provide the department of health and welfare with a notice of transfer or encumbrance within ten (10) days after the date of the transfer or encumbrance." Title companies must also disclose a recorded request. A quitclaim by a Medicaid recipient can trigger this notice duty.

Does a spouse have to sign an Idaho quitclaim deed?

For community real estate, yes. Idaho is a community property state, and Idaho Code 32-912 provides that "neither the husband nor wife may sell, convey or encumber the community real estate unless the other joins in executing the sale agreement, deed or other instrument of conveyance by which the real estate is sold, conveyed or encumbered." That applies regardless of whose name is on title. The statute allows an exception where one spouse acts under an express power of attorney from the other.

A second rule covers the family home. Under Idaho Code 55-1007, added in 2025, "The homestead of a married person shall not be conveyed or encumbered by a spouse without the consent of the other spouse." Consent is shown by both spouses executing and acknowledging the deed, or by a deed from one spouse to the other establishing the home as the grantee spouse's sole and separate property; either spouse may also act under a power of attorney from the other. The statute speaks of a married person's homestead without limiting it to community property.

Spouses can deed property to each other, and Idaho Code 15-6-401 lets spouses hold property as community property with right of survivorship, but that form of ownership must be expressly declared in the deed. If the quitclaim is part of a divorce, see our guide to Idaho divorce laws.

Recording a quitclaim deed with the county recorder

Idaho Code 55-808 provides: "Instruments entitled to be recorded must be recorded by the county recorder of the county in which the real property affected thereby is situated." Once recorded, the deed becomes part of the county's land records; see our guide to Idaho property records for how to search them.

What recording does

Idaho's recording act protects later good-faith buyers and lenders who record first. Under Idaho Code 55-812, an unrecorded conveyance is void against a later purchaser or mortgagee in good faith and for value whose own conveyance is recorded first. An instrument is deemed recorded when it is deposited with the recorder (Idaho Code 55-809), and a recorded conveyance gives constructive notice from the time it is filed (Idaho Code 55-811).

Recording is not what makes the deed work between the parties. Idaho Code 55-815 states: "An unrecorded instrument is valid as between the parties thereto and those who have notice thereof." Recording is how the grantee protects the new ownership against a later buyer or lender without notice.

Recording fees

Idaho Code 31-3205(1)(b) sets the recording fee for a deed in every county at $15 for a deed of 30 pages or less, plus $3 for each page beyond 30. Under 31-3205(1)(a), instruments not otherwise listed cost $10 for the first page and $3 for each additional page, and copies cost $1 per page (31-3205(1)(d)). Confirm the current fee with your own county recorder before you record.

E-recording

Some Idaho counties accept electronic recording. Bonner County, for example, says it "is able to receive ERecordings submitted through Simplifile or CSC ERecording." Ask your county recorder whether it accepts e-recording and through which service.

Is there a transfer tax on an Idaho quitclaim deed?

Idaho's statutes on conveying and recording real property (Idaho Code Title 55, chapters 6 and 8) do not impose a transfer tax or require a transfer-tax return with a deed. Before recording, ask your county recorder whether any other form or payment must accompany your deed.

Property tax after an Idaho quitclaim deed

A recorded quitclaim changes the owner the county assessor works from. Idaho Code 63-307 provides: "The assessor shall ascertain the current ownership of land from documents recorded in the county recorder's office."

The deed can also affect the homestead exemption. Under Idaho Code 63-602G, "The exemption allowed by this section may be granted only if: (a) The homestead is owner-occupied and used as the primary dwelling place of the owner," and the owner must apply to the county assessor. Owners for this purpose can include certain trust beneficiaries and LLC members (Idaho Code 63-701(7), with proof under 63-703(4)). A quitclaim to someone who will not live in the home, or into an entity that does not qualify, can end the exemption, so check with the county assessor and reapply if needed.

The exemption covers the lesser of $125,000 or 50 percent of the homestead's market value for assessment purposes (Idaho Code 63-602G(1)). A 2026 law, House Bill 843 (Session Law chapter 236, retroactive to January 1, 2026), eliminated proration of the exemption: the statute now says "The exemption allowed by this section shall not be prorated," and an application for the current tax year must be made by the end of the county's business hours on the last business day of the year. Ask the county assessor how this applies to your property.

Mortgages and quitclaim deeds

An Idaho 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 the lender and the new owner agree in writing, before the transfer, 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 Idaho

The FBI's Internet Crime Complaint Center has warned about impersonators using fictitious deeds to sell vacant land. It 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 your county recorder whether it offers such an alert.

Transfer on death deeds and other alternatives

Idaho has not enacted the Uniform Real Property Transfer on Death Act. A 2026 bill to adopt it, Senate Bill 1399, was printed and referred to the Senate Judiciary and Rules Committee on March 18, 2026, and the legislature's bill page shows no later action. Be cautious with guides that describe an Idaho transfer on death deed for real estate.

For married couples, community property with right of survivorship (Idaho Code 15-6-401) is one way a deed can provide for the surviving spouse, provided the deed expressly declares it. For estates more broadly, see our guide to Idaho probate.

Common myths about Idaho quitclaim deeds

• "The deed is not valid until it is recorded." An unrecorded deed is valid between the parties and those with notice of it (Idaho Code 55-815); it is void only against a later good-faith purchaser or mortgagee for value who records first (55-812).
• "Either spouse can quitclaim the family home." Not if it is community real estate (Idaho Code 32-912) or a married person's homestead (Idaho Code 55-1007). For community real estate both spouses must join in the deed, whoever is on title; for a homestead the other spouse must consent, shown by both spouses executing and acknowledging the deed.
• "The grantee's address is optional." Idaho Code 55-601 requires the grantee's name and complete mailing address on the deed.
• "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
• Idaho property records
• Quitclaim vs. warranty deeds
• Idaho divorce laws
• Idaho probate

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

Last updated: 2026-10-10.

Frequently Asked Questions

How do I file a quitclaim deed in Idaho?

The grantor signs a written deed that shows the grantee's name and complete mailing address (Idaho Code 55-601) and acknowledges it before a notary (55-805). It is then recorded with the county recorder of the county where the property is located (55-808), following that county's fee and page rules.

Does a quitclaim deed need to be notarized in Idaho?

Yes, to be recorded: Idaho Code 55-805(1) requires the person executing an instrument to acknowledge it before it may be recorded. Idaho Code 55-601 and the recording provisions in 55-801 to 55-820 do not call for witnesses.

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

Idaho Code 31-3205(1)(b) sets the recording fee for a deed in every county at $15 for a deed of 30 pages or less, plus $3 for each page beyond 30; confirm the current fee with your county recorder.

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

Idaho's statutes on conveying and recording real property (Title 55, chapters 6 and 8) impose no transfer tax and require no transfer-tax return with a deed. Ask your county recorder whether anything else must accompany the deed.

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

For community real estate, yes. Under Idaho Code 32-912, neither spouse may convey community real estate unless the other joins in executing the deed, whoever is on title, except under an express power of attorney. A married person's homestead also cannot be conveyed without the other spouse's consent, shown by both spouses executing and acknowledging the deed or by an earlier spouse-to-spouse deed making it the grantee's separate property (Idaho Code 55-1007).

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 the lender and the new owner agree in writing, before the transfer, that the new owner is obligated on the loan.

Is a quitclaim deed valid in Idaho if it is not recorded?

Between the parties and those with notice, yes (Idaho Code 55-815). It is void against a later good-faith purchaser or mortgagee for value whose conveyance is recorded first (55-812).

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

Idaho has not enacted the Uniform Real Property Transfer on Death Act; 2026 Senate Bill 1399 was referred to committee on March 18, 2026 with no later action shown. Spouses can hold property as community property with right of survivorship if the deed expressly declares it (Idaho Code 15-6-401).

Will a quitclaim deed affect my Idaho homestead exemption?

It can. The exemption may be granted only if the home is owner-occupied and is the owner's primary dwelling place (Idaho Code 63-602G), so a deed to someone who will not live there can end it; check with the county assessor and reapply if needed.