Louisiana Quitclaim Deed: Requirements, Recording and Transfer Tax

In Louisiana, what people call a quitclaim deed is a transfer of immovable property that, like any such transfer, "must be made by authentic act or by act under private signature" (La. Civ. Code art. 1839); if it is a gift, it must be an authentic act signed before a notary and two witnesses (arts. 1541 and 1833). It counts against outsiders only once it is filed for registry with the parish clerk of court in the parish where the property is located.

Louisiana is a civil-law state, and the Civil Code articles cited here contain no statutory "quitclaim deed" form. For other states, see our guide to quitclaim deed rules by state.

Information last verified on 2026-10-09. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Louisiana Civil Code articles on the form of acts, donations, community property and registry; Louisiana Revised Statutes 13:844 (recording fees and format), 9:2721 (tax-notice designation), 33:2740.63 (Livingston Parish documentary tax) and 47:1703 (homestead exemption); the New Orleans documentary transaction tax as the Orleans civil clerk describes it; and the federal mortgage and gift-tax rules that apply in every state. It does not cover title insurance, lender underwriting, every parish's local taxes and fees, federal gift tax filing, or any other state's law.

What a quitclaim deed means in Louisiana

Louisiana law does not define a quitclaim deed. The Civil Code governs the form of the act: a transfer of immovable property is made by authentic act or by act under private signature (art. 1839). No provision in the articles cited here states what a "quitclaim" conveys, and the Revised Statutes are not covered exhaustively.

In common usage, a quitclaim passes whatever interest the transferor has without promising good title. That description comes from practice, not from a Louisiana statute cited here. For how a no-warranty transfer compares with a deed that carries warranties, see our guide to quitclaim vs. warranty deeds.

A gift of land has to be an authentic act

Many quitclaims are family gifts: a parent adding a child, or a spouse giving property to the other. In Louisiana, a gift during life is a donation inter vivos, and La. Civ. Code art. 1541 provides:

"A donation inter vivos shall be made by authentic act under the penalty of absolute nullity, unless otherwise expressly permitted by law."

A donation of land signed only as a private act therefore risks being an absolute nullity.

A donation also has no effect until the donee accepts it, and the acceptance must be made during the donor's lifetime, in the act of donation or later in writing (La. Civ. Code art. 1544). The act must identify the donor and the donee and describe the thing donated (art. 1542).

No state or parish quitclaim or donation form is cited here. A Louisiana notary or lawyer can prepare the act, and the clerk of court cannot give legal advice.

How to execute the act: notary and two witnesses

Article 1833 states the rule in full: "An authentic act is a writing executed before a notary public or other officer authorized to perform that function, in the presence of two witnesses, and signed by each party who executed it, by each witness, and by each notary public before whom it was executed."

An acknowledged act under private signature is not a stand-in for an authentic act where the law requires one, which is why the donation rule matters (art. 1836). A sale for a price can use either form under article 1839.

What the act should contain

Louisiana lists information an instrument should carry, "when appropriate for its type" (La. Civ. Code art. 3352). It includes:

• the full name, domicile and permanent mailing address of the parties;
• each party's marital status, with the present spouse's full name or a declaration of unmarried status, and a declaration of any change in the transferor's marital status since the property was acquired;
• the municipal number or postal address of the property, "if it has one";
• the last four digits of the social security or taxpayer number of a mortgagor;
• the notary's identification number or bar roll number and the printed names of the notary and witnesses.

Article 3352 also protects the deed if something is left out: "The recorder shall not refuse to record an instrument because it does not contain the information required by this Article. The omission of that information does not impair the validity of an instrument or the effect given to its recordation." Apart from article 1542's rule that an act of donation describe the thing donated, the articles cited here set no statewide legal-description rule and no preparer-statement requirement.

Separately, under La. R.S. 9:2721(A), an act of conveyance filed for registry "shall designate the name of the person responsible for all property taxes and assessments and include the address where property tax and assessment notices are to be mailed."

Page format for recording

Under La. R.S. 13:844(B)(2), "Every document filed for recordation shall be captioned as to type of act on the first page, and shall have on the first page a margin of two inches at the top and one inch at the bottom and sides. The type size shall not be less than eight point." Paper may be 8.5 by 11 or 8.5 by 14 inches; other sizes carry an extra $20 per page.

Does a spouse have to sign?

For community property, yes. La. Civ. Code art. 2347 provides that "The concurrence of both spouses is required for the alienation, encumbrance, or lease of community immovables," and it turns on whether the property is community property. Things a spouse possesses during a community regime are presumed to be community, but either spouse may prove they are separate property (La. Civ. Code art. 2340), so a home titled in one spouse's name can still be community property. A spouse's separate property is not covered by article 2347.

A gift of community property to a third person also needs both spouses: La. Civ. Code art. 2349 provides that "The donation of community property to a third person requires the concurrence of the spouses," apart from a usual or customary gift of a value commensurate with the spouses' economic position. The rules for a family home that is one spouse's separate property are not covered here. If you are married, ask a Louisiana notary or lawyer before the act is signed. If the transfer is part of a divorce, see our overview of Louisiana divorce laws.

Recording with the parish clerk of court

In Louisiana the parish clerk of court serves as recorder. Instruments about mortgages and privileges go in the mortgage records; "All other instruments are recorded in the conveyance records of that parish," meaning the parish where the immovable is located. In Orleans Parish, deeds are filed and recorded in the Land Records Division of the Clerk of Civil District Court, which since January 1, 2009 has combined the former Recorder of Mortgages, Register of Conveyances and Notarial Archives. To search what a parish has already recorded, see our guide to Louisiana property records.

Recording is not what makes the act valid between the parties. It is what makes the transfer count against everyone else. La. Civ. Code art. 3338 provides that the rights created by "An instrument that transfers an immovable or establishes a real right in or over an immovable" are "without effect as to a third person unless the instrument is registered by recording it in the appropriate mortgage or conveyance records." Under article 1839, an instrument involving immovable property "shall have effect against third persons only from the time it is filed for registry in the parish where the property is located."

Recording fees

La. R.S. 13:844 sets a statewide fee schedule for clerks acting as ex officio recorders:

The fee includes indexing of up to ten names and one certified copy, and it is assessed separately if a document is recorded in both the mortgage and conveyance records. Clerks also collect a $5 fee per recording for the statewide records portal run by the Louisiana Clerks' Remote Access Authority (La. R.S. 13:754(F)(1)), and Act 446 of 2026 adds a second $5 fee per recording from January 1, 2027 (R.S. 13:754(F)(3)). Parishes can add their own charges: Orleans Parish applies the same R.S. 13:844 schedule and also charges a $30 building fund fee per recording. Confirm the total with your clerk. Ask your clerk of court whether statewide electronic recording is available.

Documentary transaction taxes

Do not assume a quitclaim in Louisiana is tax-free. The tax sections cited here impose no state-level transfer tax, but they are not the full tax title, so a state-level tax cannot be ruled out. Since November 30, 2011, the Louisiana Constitution has barred the state, parishes and cities from levying any new tax or fee on the sale or transfer of immovable property, including documentary transaction taxes (La. Const. art. VII, §2.3). Some parishes and cities do charge a documentary transaction tax at recording, and two are described below. Ask the clerk of court whether one applies in your parish.

New Orleans

The Orleans Parish civil clerk's page, which cites Ordinance #20527 and carries a 2015 copyright, says the City of New Orleans collects a Documentary Transaction Tax through the clerk at recording. It lists a flat tax on sales, donations, transfers, mortgages and commercial leases: "All of the above documents are assessed a flat tax of $325.00 except mortgages whose loan amount is under $9,000.00." The seller or donor pays.

The page also says "The Doc Tax applies to all documents recorded that are transferring real estate." The New Orleans page lists no exemption for family gifts or divorce transfers. Because the page is dated, confirm the current figure with the clerk.

Livingston Parish

La. R.S. 33:2740.63, enacted in 2005, lets Livingston Parish levy a documentary transaction tax, but "only if the imposition of the tax has been approved by a majority of the electors of the parish voting on the proposition at an election held for that purpose." The tax is capped at $300 per transaction and is due at recordation. Under the statute, "The tax shall be paid by the buyer or transferee of immovable property in the case of an act of sale, donation, or other transfer of immovable property."

The statute lets the parish exempt "such transactions as it shall deem appropriate." No parish ordinance adopting the tax before the 2011 constitutional bar has been confirmed, so whether it is collected, its rate and any exemptions should be confirmed with the parish.

Property tax: the homestead exemption

Louisiana's homestead exemption is "seven thousand, five hundred dollars of the assessed valuation" of a bona fide homestead (La. R.S. 47:1703), which the Jefferson Parish Assessor describes as about $75,000 of market value, and it requires that the owner own and occupy the home by December 31. The exemption follows the owner, not the house. In the Jefferson Parish Assessor's words, "If the owner moves or sells the property, the exemption is canceled," so a new owner who lives in the home must file for it.

If a quitclaim moves the home to someone who will live there, that person should apply with the parish assessor. Whether a transfer triggers any reassessment is not covered here. For an owner 65 or older, or a qualifying disabled owner, with a special assessment level freeze, the Jefferson Parish Assessor says the freeze "may become permanent as long as you continue to own and occupy the home," so ask the assessor before transferring the home.

Does a quitclaim deed remove me from the mortgage?

No. A deed changes who owns the property; it does not change who owes the loan. Under 12 CFR 191.5(b)(4), the lender releases the existing borrower when the lender and the new owner agree in writing, before the transfer, that the new owner will be obligated on the loan.

Many mortgages let the lender demand full payment when the property is transferred. Federal law limits that power for some family transfers. For a loan on residential property with fewer than five dwelling units (12 U.S.C. 1701j-3(d)), 12 CFR 191.5(b) applies the limits to "any loan on the security of a home occupied or to be occupied by the borrower," and protects:

• a transfer where the spouse or children of the borrower become an owner, and a transfer under a divorce decree, legal separation agreement or incidental property settlement by which the spouse becomes an owner, when the new owner occupies or will occupy the property;
• a transfer into a living trust in which the borrower "is and remains the beneficiary and occupant of the property," with the notice condition in § 191.5(b)(1)(vi);
• a transfer by devise, descent or operation of law on the death of a joint tenant or tenant by the entirety.

These exceptions do not cover every transfer, and under § 191.5(b)(5) a later event can disqualify a transfer that once fit. Read the loan documents and contact the loan servicer before signing.

Gifts to family: federal gift tax basics

The IRS says the gift tax "applies to the transfer by gift of any type of property," which includes giving real estate for less than full value. For 2026 the annual exclusion is $19,000 per recipient. A tax professional can explain whether a gift of a home, or a share of one, requires anything further from you.

Deed fraud protections in Louisiana

Louisiana criminal law covers forged deeds. Forging a signature on a writing with legal efficacy is a crime under La. R.S. 14:72, and La. R.S. 14:133 makes it a crime to file "with knowledge of its falsity" any forged document in a public office, punishable by up to five years and a $5,000 fine.

Recording does not prove a deed is real. Under the Civil Code's registry articles, recording "Does not create a presumption that the instrument is valid or genuine."

No statewide recorder fraud-alert program in Louisiana is identified in the sources cited here. The FBI's Internet Crime Complaint Center, in a June 2026 public service announcement, advised owners to check whether their county recording office offers notification services that send an email or text when a document is recorded in their name; in Louisiana, ask your parish clerk of court. The Orleans Parish clerk's website, for example, lists a Recording Notification Service.

Is there a transfer-on-death deed in Louisiana?

None appears for immovable property in the provisions cited here. La. Civ. Code art. 1570 provides that "A disposition mortis causa may be made only in the form of a testament authorized by law," and Louisiana's transfer-on-death securities law covers securities, not land. For passing a home at death, see our guide to Louisiana probate.

Common myths about Louisiana quitclaim deeds

• "The deed is not valid until it is recorded." Under the Civil Code's sale articles, "The parties to an act of sale or promise of sale of immovable property are bound from the time that the act is made, but such an act is not effective against third persons until it is filed for registry according to the laws of registry."
• "A signed private paper is enough to give my child the house." A donation inter vivos must be an authentic act, on penalty of absolute nullity (La. Civ. Code art. 1541).
• "Recording proves the deed is genuine." Recording creates no presumption that an instrument is valid or genuine.
• "Louisiana has no transfer tax, so a quitclaim costs only the recording fee." New Orleans shows that local documentary taxes exist, and other local taxes cannot be ruled out.
• "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
• Louisiana property records
• Quitclaim vs. warranty deed
• Louisiana divorce laws
• Louisiana probate

Disclaimer: This article provides general legal information about transfers of immovable property often called quitclaim deeds under the Louisiana Civil Code and Louisiana Revised Statutes, verified on 2026-10-09. It is not legal or tax advice. For your situation, contact your parish clerk of court (who cannot give legal advice), a legal aid office, or a lawyer licensed in Louisiana.

Last updated: 2026-10-09.

Frequently Asked Questions

How do I file a quitclaim deed in Louisiana?

Have the act executed in the form the law requires (an authentic act before a notary and two witnesses for a donation, under La. Civ. Code arts. 1541 and 1833), then file it with the parish clerk of court for recording in the conveyance records of the parish where the property is located. The first page needs a caption and the margins R.S. 13:844(B)(2) sets, and the act must name the person responsible for property taxes (R.S. 9:2721(A)).

Does a quitclaim deed need to be notarized in Louisiana?

A donation of immovable property must be an authentic act, executed before a notary public and two witnesses (La. Civ. Code arts. 1541 and 1833). A transfer for a price may be an act under private signature (art. 1839), which can be acknowledged before a notary in the presence of two witnesses (art. 1836).

Do you need witnesses for a quitclaim deed in Louisiana?

Yes, for an authentic act: two witnesses sign along with the parties and the notary (La. Civ. Code art. 1833). Acknowledging an act under private signature before a notary also takes place in the presence of two witnesses (art. 1836).

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

Under R.S. 13:844, clerks acting as recorders charge $100 for a 1 to 5 page document, $200 for 6 to 25 pages, $300 for 26 to 50 pages, and $300 plus $5 a page beyond 50. Clerks also collect a $5 statewide portal fee per recording under R.S. 13:754(F)(1), with a second $5 fee from January 1, 2027. Parishes can add their own charges, such as a $30 building fund fee in Orleans Parish, and a parish or city documentary transaction tax may be added, so confirm the total with the clerk.

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

It depends on the parish or city. New Orleans lists a flat $325 documentary transaction tax that applies to donations and transfers, paid by the seller or donor, and a 2005 statute let Livingston Parish levy up to $300 per transaction under R.S. 33:2740.63, though whether the parish adopted it is unconfirmed. Whether any state-level transfer tax applies is not settled here, and since November 30, 2011 the Louisiana Constitution has barred any new tax or fee on the sale or transfer of immovable property (art. VII, §2.3).

Does a spouse have to sign a quitclaim deed in Louisiana?

For a community immovable, yes: La. Civ. Code art. 2347 requires the concurrence of both spouses to alienate, encumber or lease it, and property held during a community regime is presumed to be community even when only one spouse is on title (art. 2340). A donation of community property to a third person also requires both spouses, apart from a usual or customary gift (art. 2349). Article 2347 does not cover a spouse's separate property.

Does a quitclaim deed remove me from the mortgage?

No. The deed changes ownership, not the loan; under 12 CFR 191.5(b)(4), a borrower is released when the lender and the new owner agree in writing, before the transfer, that the new owner will be obligated on the loan.

Does Louisiana have a transfer-on-death deed?

Louisiana law, in the provisions cited here, provides no transfer-on-death deed for immovable property. La. Civ. Code art. 1570 provides that a disposition mortis causa may be made only in the form of a testament authorized by law.