Indiana Quitclaim Deed: Requirements, Recording and Sales Disclosure

An Indiana quitclaim deed passes whatever interest the grantor holds and promises nothing about the title: under IC 32-17-2-2, a deed of release or quitclaim "passes all the estate that the grantor (as defined in IC 32-17-1-1) may convey by a deed of bargain and sale." The deed must be in writing, signed by the grantor and acknowledged before a notary or proved (IC 32-21-1-13), endorsed by the county auditor for taxation (IC 36-2-11-14), and then recorded in the recorder's office of the county where the land is located (IC 32-21-4-1(b)). For other states, see our guide to quitclaim deed rules by state.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Indiana statutes on quitclaim deeds and their execution and recording (IC 32-17-2-2, 32-21-1-13, 32-21-1-15, 32-21-2-3, 32-21-3-3 and 32-21-4-1), the recorder's and auditor's rules and fees in IC 36-2-7-10, 36-2-9-18, 36-2-11-14, 36-2-11-15, 36-2-11-16 and 36-2-11-16.5, the sales disclosure law in IC 6-1.1-5.5, the homestead standard and supplemental deductions in IC 6-1.1-12-37 and 6-1.1-12-37.5, spouses' interests, the transfer on death deed in IC 32-17-14-11, and federal mortgage and gift-tax points. It does not cover title insurance, lender or loan-program rules beyond the federal regulations cited, county fees and practices beyond those named, Indiana criminal forgery law, federal income tax, or the law of other states.

What a quitclaim deed does in Indiana

Indiana gives a statutory short form for a quitclaim deed in IC 32-21-1-15. A conveyance "worded in substance" as "A.B. quitclaims to C.D.," followed by a description of the premises and the words "for the sum of" and the consideration, and "signed, sealed, and acknowledged by the grantor," is, in the statute's words:

"a good and sufficient conveyance in quitclaim to the grantee and the grantee's heirs and assigns." (IC 32-21-1-15)

Because the statute says "worded in substance," the exact words are not required. The form recites a consideration ("for the sum of"), but the statute does not say whether a gift deed must recite a dollar figure. This page describes the statutory form as a fact about Indiana law; it does not provide deed language to fill in.

What the deed carries is set by IC 32-17-2-2: a quitclaim passes the estate the grantor could convey by a deed of bargain and sale, so it passes only what the grantor actually has. If the grantor owns nothing, the grantee gets nothing, and the deed gives the grantee no promise to fall back on. For how that compares with a deed that does warrant title, see our explainer on quitclaim vs. warranty deeds.

No statewide official quitclaim deed form is identified here. The county recorder can tell you what the office accepts, and a lawyer can prepare the deed; recorders cannot give legal advice.

Indiana quitclaim deed requirements

A conveyance of land in Indiana must be in writing, signed by the grantor, and carry an acknowledgment or a proof (IC 32-21-1-13). The recording statutes then add statements and format rules the recorder checks before accepting the deed.

IC 36-2-11-15 gives safe-harbor wording for the prepared-by statement and the Social Security number affirmation, and the two statements go at the conclusion of the deed. That section does not apply to an instrument executed or acknowledged outside Indiana. The grantee's address statement goes at the end of the deed with those statements.

The recorder records a document that meets the other statutory requirements and will produce a clear and unobstructed copy (IC 36-2-11-16). IC 36-2-11-16.5 lets the recorder receive a document on pages no larger than 8.5 by 14 inches, on white paper of at least 20-pound weight, with clean margins of at least 2 inches at the top and bottom and 1/2 inch on each side of the first and last pages (1/2 inch all around on other pages), typewritten or computer generated in black ink in at least 10-point type. Pages larger than 8.5 by 14 inches carry a higher fee under IC 36-2-7-10(c)(3). If a deed that does not comply with IC 32-21-2-3, IC 32-21-2-7 or the technical requirements of IC 36-2-11-16(c) is recorded anyway, IC 32-21-4-1(d) treats it as validly recorded and giving constructive notice.

Does a spouse have to sign an Indiana quitclaim deed?

Indiana abolished dower: "The estates of dower and curtesy are hereby abolished" (IC 29-1-2-11). Indiana is not a community property state, and the statutes cited here do not require a spouse who is not on the title to join a deed of the other spouse's separately titled home.

Property the spouses hold together is different. A joint deed of husband and wife conveys their interests whether they hold as tenants in common, joint tenants or tenants by the entireties (IC 32-17-3-4). For transfer on death deeds only, IC 32-17-14-11(e)(1) makes a deed of a tenancy by the entirety interest "inoperable and void unless the other spouse joins in the conveyance"; that section "applies only to transfer on death deeds." How Indiana courts treat an ordinary quitclaim signed by only one spouse on entireties property is not resolved here, so ask a lawyer licensed in Indiana before relying on one.

If the deed is part of a divorce, see our guide to Indiana divorce laws.

Recording a quitclaim deed with the county recorder

A conveyance "must be recorded in the recorder's office in the county where the land is located" (IC 32-21-4-1(b)). In practice the deed goes to the county auditor first, because the recorder may record a conveyance only after the auditor's endorsement (IC 36-2-11-14). To look up what is already on record for a parcel, see our guide to Indiana property records.

What recording does

A quitclaim is effective between the grantor and the grantee without recording. One exception: if the owner has already recorded a transfer on death deed, a later conveyance of the property "is void if it is not recorded before the death of the owner" with the recorder of the county where the property is located (IC 32-21-1-15(b); IC 32-21-1-13(c)). Against everyone else, IC 32-21-3-3 makes an unrecorded conveyance ineffective except against the grantor, the grantor's heirs and devisees, and persons with notice. IC 32-21-4-1(c) adds that an earlier conveyance is void against a later good-faith buyer or mortgagee for value who records first:

"The conveyance or mortgage is fraudulent and void as against any subsequent purchaser, lessee, or mortgagee in good faith and for a valuable consideration if the purchaser's, lessee's, or mortgagee's deed, mortgage, or lease is first recorded." (IC 32-21-4-1(c))

Recording promptly is how a new owner protects the interest against a later buyer or lender who has no notice of the deed.

Recording fees

IC 36-2-7-10(c) sets the recorder's fees statewide:

• $25 for recording any deed or other instrument other than a mortgage;
• for pages larger than 8.5 by 14 inches, $25 for the first page and $5 for each additional page;
• $1 per page for copies and $5 to certify a document.

Separately, the county auditor collects a $10 endorsement fee for each deed, or for each parcel's legal description in the deed, that it endorses; the statute says this fee is in addition to any other fee provided by law (IC 36-2-9-18(e)).

A county may add fees by ordinance, including a $10 affordable housing fee per document where the local unit has an affordable housing fund, and Marion County housing trust fund fees. The sales disclosure filing fee, where one applies, is separate and goes to the county auditor (see below). Ask the county recorder for the current total before you file.

Electronic recording

Indiana authorizes electronic recording of instruments concerning real property under IC 32-21-2.5. Whether a particular county accepts e-recorded deeds is a question for that county's recorder.

Transfer tax and the sales disclosure form

Title 6 of the Indiana Code imposes no state or local real estate transfer tax, documentary stamp tax or deed excise tax, and that includes the local tax article IC 6-9, whose chapters cover local taxes such as county innkeeper's taxes and food and beverage taxes. The recorder's fee and the sales disclosure fee are fees, not a tax on the property's value.

When a sales disclosure form is needed

Indiana's sales disclosure law applies to a "conveyance," which IC 6-1.1-5.5-1 defines this way: "'Conveyance' means any transfer of a real property interest for valuable consideration." IC 6-1.1-5.5-2(b)(4) excludes quitclaim deeds that do not serve as a source of title, and the Department of Local Government Finance (DLGF) instructions say:

"If the property was transferred under a quitclaim deed not serving as a source of title, IC 6-1.1-5.5-2(b)(4) specifies that a SDF is not required."

The DLGF instructions also say a transfer for no consideration is not a conveyance. A quitclaim that does serve as a source of title, given for valuable consideration, is a conveyance document, and the form is required.

Separately, IC 6-1.1-5.5-2(a)(2) and (a)(3) also count as conveyance documents the documents for compulsory transactions resulting from foreclosure or express threat of foreclosure, divorce, court order, condemnation or probate, and documents partitioning land between tenants in common, joint tenants or tenants by the entirety. The DLGF instructions say "A SDF is required for compulsory transactions," and for partition documents, though no filing fee is due. The county recorder "shall not record a conveyance document" without evidence that the sales disclosure form was filed (IC 6-1.1-5.5-6(b)).

How the form is filed

Where it applies, the form is the Sales Disclosure Form, State Form 46021. The county assessor reviews and stamps it, and it is filed with the county auditor before the deed. Each parcel needs its own form, except that one form covers two or more contiguous parcels located entirely within a single taxing district and conveyed by one document (IC 6-1.1-5.5-3(g)-(h)). The DLGF's form page tells filers to contact the county assessor for submission instructions.

The filing fee in IC 6-1.1-5.5-4 is $20, paid to the county auditor. The DLGF's posted form instructions may lag the statute on the fee, so confirm the current amount with the county auditor. No fee is due for a conveyance to a charity or for conveyance documents such as divorce decrees, court orders, probate, foreclosure and partition documents (IC 6-1.1-5.5-4(b)). Under IC 6-1.1-5.5-10, a person who knowingly and intentionally falsifies the value of the transferred property, or omits or falsifies required information on the form, commits a Level 5 felony.

Property tax after a quitclaim: the homestead deduction

Indiana's homestead standard deduction (IC 6-1.1-12-37) applies to an individual's principal residence that the individual owns, and it is claimed by a certified statement filed with the county auditor. The statute is phasing the deduction down:

A homestead also carries a supplemental deduction under IC 6-1.1-12-37.5 for anyone entitled to the standard deduction. It rises from 40% of the remaining assessed value for taxes due in 2026 to 66.7% for taxes due in 2031 and later (capped at 75% of gross assessed value), so homestead status still matters after the standard deduction reaches zero.

A grantor who deeds the home away no longer owns it, so the grantor no longer meets the statute's ownership test. A person who changes the property's use so it no longer qualifies, or who is already receiving another homestead deduction, must file a statement with the county auditor within 60 days of the change or owe the additional tax plus a 10% civil penalty (IC 6-1.1-12-37(g)); ask the county auditor how the deduction is handled after a transfer.

For a buyer of a homestead, a sales disclosure form filed on time (on or before January 15 of the year taxes are first due) can serve as the deduction application (IC 6-1.1-12-44). A quitclaim given for no consideration usually needs no sales disclosure form, so the new owner should ask the county auditor how to file the homestead statement. Whether a transfer triggers any reassessment is not covered here.

Mortgages and quitclaim deeds

Indiana's deed statutes say nothing about 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 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 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 a gift of any type of property, and that a gift happens when you give property without expecting to receive something of at least equal value in return. 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, says the donor is generally responsible for any gift tax, and says the recipient's basis in gifted property is generally the same as the donor's. 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. Ask a tax professional how these rules apply to your transfer.

Deed fraud protections in Indiana

Indiana's recording statutes check form, not ownership: the recorder looks for the auditor's endorsement, the required statements and a recordable copy, not for proof that the signer owns the land. Watching the record is the practical defense.

Some counties offer free alerts. Madison County's recorder, for example, says its "Property Fraud Alert is a FREE subscription service" that notifies a subscriber "anytime the registered name (individual or business) is recorded in our system." That is one county's service; an alert does not by itself mean fraud, and other counties' offerings should be checked with each county recorder. 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."

Transfer on death deeds and other alternatives

An owner who wants a home to pass at death without giving it away now can use a transfer on death deed under IC 32-17-14-11, part of the Transfer on Death Property Act. Under the statute, the deed transfers the interest to the beneficiary if it is "executed by the owner or owner's legal representative" and "recorded with the recorder of deeds in the county in which the real property is situated before the death of the owner." It needs no consideration or delivery, may name a trust as beneficiary, and needs the county auditor's endorsement to be recorded. Once a transfer on death deed is recorded, a later conveyance of the property, including a quitclaim, is void if it is not recorded before the owner's death (IC 32-21-1-15(b)). For how a home passes when no such deed is recorded, see our guide to Indiana probate.

Common myths about Indiana quitclaim deeds

"A quitclaim is not valid until it is recorded." Not quite. Under IC 32-21-3-3, an unrecorded conveyance still binds the grantor, the grantor's heirs and devisees, and anyone with notice; recording is what protects the grantee against later good-faith buyers and lenders. The exception: where the owner has recorded a transfer on death deed, a later quitclaim is void unless it is recorded before the owner's death (IC 32-21-1-15(b)).

"A quitclaim never needs a sales disclosure form." A quitclaim given for no consideration, or one that does not serve as a source of title, generally needs none. But a deed made under a divorce decree, court order or probate, or a partition deed, needs the form without a fee (IC 6-1.1-5.5-2(a)(2)-(3)), and a quitclaim that serves as a source of title for valuable consideration needs it too (IC 6-1.1-5.5-2(a)(1)).

"Signing a quitclaim takes me off the mortgage." It does not. Only the lender can release a borrower (12 CFR 191.5(b)(4)).

Related

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

This article provides general legal information about Indiana law on quitclaim deeds, verified on 2026-10-08. It is not legal or tax advice. For your situation, contact your county recorder or county auditor (who cannot give legal advice), a legal aid office, or a lawyer licensed in Indiana.

Last updated: 2026-10-08.

Frequently Asked Questions

How do I file a quitclaim deed in Indiana?

The grantor signs the deed and acknowledges it before a notary or other notarial officer, and the deed must include the prepared-by statement and Social Security number affirmation (IC 36-2-11-15) and the grantee and tax-statement mailing addresses (IC 32-21-2-3). Take it to the county auditor for endorsement (IC 36-2-11-14), paying the $10 endorsement fee (IC 36-2-9-18(e)) and bringing a sales disclosure form where one is required (IC 6-1.1-5.5), then record it in the recorder's office of the county where the land is located.

Does a quitclaim deed need to be notarized in Indiana?

Yes, in the sense that any instrument to be recorded must have an acknowledgment or a proof (IC 32-21-2-3). The acknowledgment may be taken by a notarial officer or a remote notary public; a proof by a witness who saw the deed signed is the alternative.

Does an Indiana quitclaim deed need witnesses?

IC 32-21-1-13 and 32-21-2-3 set no witness requirement for a deed. If a witness does sign, IC 36-2-11-16(c)(2) requires the witness's name to be printed, typed or stamped beneath the signature.

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

IC 36-2-7-10(c) sets a $25 fee to record a deed, with $25 for the first page and $5 for each additional page when pages are larger than 8.5 by 14 inches. The county auditor also collects a $10 endorsement fee per deed or per parcel description (IC 36-2-9-18(e)). A county may add fees by ordinance, such as a $10 affordable housing fee, so ask the county recorder for the current total.

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

Title 6 of the Indiana Code, including the local tax article IC 6-9, imposes no Indiana state or local real estate transfer tax or documentary stamp tax. The recording fee and the sales disclosure filing fee ($20 under IC 6-1.1-5.5-4, where a form is required) are fees, not a tax on value.

Do I need a sales disclosure form for a quitclaim deed in Indiana?

A form is required for a conveyance document: a quitclaim serving as a source of title that transfers an interest for valuable consideration (IC 6-1.1-5.5-1; 6-1.1-5.5-2(a)(1)), and also a document for a compulsory transaction such as a divorce or court order, or a partition between co-owners (IC 6-1.1-5.5-2(a)(2)-(3)), which needs the form but no fee. The DLGF instructions say a quitclaim deed not serving as a source of title needs no sales disclosure form.

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

Indiana abolished dower and curtesy (IC 29-1-2-11), and the statutes cited here do not require a spouse who is not on title to sign a deed of the other spouse's separately titled home. For property held as tenants by the entirety, a joint deed by both spouses conveys their interests (IC 32-17-3-4), and a transfer on death deed of an entireties interest is void unless the other spouse joins (IC 32-17-14-11(e)(1)). The effect of an ordinary one-spouse quitclaim is not resolved here, so ask a lawyer licensed in Indiana.

Will a quitclaim deed affect my Indiana homestead deduction?

The homestead standard deduction under IC 6-1.1-12-37 is for a principal residence the individual owns, so a grantor who deeds the home away no longer meets that test. A person whose eligibility changes may have to notify the county auditor within 60 days under IC 6-1.1-12-37(g), so ask the auditor. The new owner files a certified statement with the county auditor to claim the deduction.

Does Indiana have a transfer on death deed?

Yes. IC 32-17-14-11 lets an owner transfer real property at death by a transfer on death deed that is executed by the owner and recorded in the county before the owner's death; it needs no consideration or delivery. Once it is recorded, a later conveyance of the property is void if it is not recorded before the owner's death (IC 32-21-1-15(b)).

Does a quitclaim deed remove me from the mortgage?

No. A deed changes ownership, not the loan; only the lender can release a borrower, for example when the lender and the new owner agree in writing, before the transfer, that the new owner will be obligated on the loan (12 CFR 191.5(b)(4)).