Maine Quitclaim Deed: Requirements, Recording and Transfer Tax

A Maine quitclaim deed comes in two statutory versions under the Short Form Deeds Act, 33 MRSA ch. 12: a "quitclaim deed with covenant," which promises to defend the title only against claims through the grantor, and a "quitclaim deed without covenant" or release deed, which promises nothing. Either one must be acknowledged before a notary public or other officer named in 33 MRSA s.203 and recorded at the registry of deeds in the county where the land lies, where the Real Estate Transfer Tax Declaration and any transfer tax are also handled. 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 Maine law on quitclaim deeds: the conveyancing and short-form deed statutes in Title 33 (sections 161, 201, 203, 651-A, 651-B, 751, 761 to 775), the real estate transfer tax in 36 MRSA ss.4641 to 4641-N, the homestead property tax exemption in 36 MRSA ss.683 and 683-A, and the transfer on death deed in Title 18-C, with federal mortgage and gift-tax points where they affect a family transfer. It does not cover title insurance, a lender's own rules, local fees beyond the statutory ones, property tax assessment practice, or other states' laws.

Two kinds of quitclaim deed in Maine

Maine law recognizes the quitclaim deed by name and gives two statutory short forms for it in 33 MRSA s.775. The difference between them is how much the grantor promises.

The quitclaim covenant in the first form is a limited promise. Under s.765 and s.766, the grantor agrees to warrant and defend the title against claims "by, through or under" the grantor, not against older defects or claims by anyone else. That makes the quitclaim deed with covenant more protective for the person receiving the property than a release deed, even though both carry the name "quitclaim."

The release deed is the bare version. Under s.771, the word "release" is enough to convey the estate the grantor has, and no covenant is implied from the words "grant" or "convey." Neither form is a warranty deed. For how deeds with full title promises compare, see quitclaim vs. warranty deeds.

What a Maine quitclaim deed conveys

A quitclaim deed passes whatever the grantor actually owns. Under 33 MRSA s.161, "A deed of release or quitclaim of the usual form conveys the estate which the grantor has and can convey by a deed of any other form." If the grantor owns nothing, the grantee receives nothing.

The statutory forms are optional. Section 761 provides that the forms in s.775 "may be used and shall be sufficient for their respective purposes," that they "may be altered as circumstances require, and the authorization of such forms shall not prevent the use of other forms." No state agency publishes a fill-in quitclaim deed; the forms appear in the statute itself. The register of deeds can explain recording requirements but cannot give legal advice, and a lawyer licensed in Maine can prepare the deed.

Maine quitclaim deed requirements

Acknowledgment

Section 203 says a deed must be acknowledged by the grantors, or by one of them or their attorney executing it, "before a notary public in the State, or before an attorney-at-law duly admitted and eligible to practice in the courts of the State, if within the State." A deed signed elsewhere in the United States can be acknowledged before a clerk of a court of record, a notary or a commissioner, and one signed abroad before a consular officer or notary, as s.203 lists. An acknowledgment that conforms to the Revised Uniform Law on Notarial Acts must be accepted for recording.

Section 203's requirement is acknowledgment. The statutory forms close with "Witness ... hand and seal," the traditional signing formula, and s.774 provides that a deed otherwise valid is valid even if it "omitted to state any consideration therefor" or was "not sealed by the grantors."

Names, format and personal information

Under 33 MRSA s.651-A, "No instrument executed on or after October 1, 1983, may be accepted by a register of deeds for recording unless beneath the signature of the grantor, grantee, if it appears on the instrument, and the person taking the acknowledgement, the name of each signer is typed or printed." Names are indexed as typed or printed, and the register may return an illegible document.

The Maine Registers of Deeds Association's letter of May 20, 2024 says these standards apply at all Maine county registries:

• side margins of 3/4 inch on all pages;
• a top margin of 1 3/4 inches on the first page and 1 inch on other pages;
• a bottom margin of 1 1/2 inches on the last page;
• type no smaller than 10-point Times New Roman;
• no punched holes, stickers or writing in the margins.

If a page lacks room for the recording information, the register may add a page and charge $2 for it under s.653; a separate cover page is an option at the same $2.

Keep Social Security numbers and account numbers off the deed. If personal information such as a Social Security number, driver's license number or account number appears on a recorded document on the registry website, s.651-B lets the person "request that the register of deeds redact that personal information from the record available on the website," at no fee.

Does a spouse have to sign a Maine quitclaim deed?

Every Maine statutory short form has a line for the grantor's spouse: "E.F., spouse of the grantor, releases all rights in the premises being conveyed." The release deed form shows it after the description, with the grantor marked "(being unmarried)" where there is no spouse.

Section 772-A gives that kind of language effect. A deed that includes "[name] (wife or husband) of said Grantor, joins as Grantor and releases all rights by descent and all other rights" or similar language in the testimonium clause "conveys any and all interests of the joining spouse to the property described," even if the spouse is not named as a grantor at the start. Under s.161, a joint deed of husband and wife also conveys the wife's estate in which the husband has an interest.

The short-form statutes provide for the spouse's release but do not themselves say when a spouse who is not on title must sign. Maine's spousal and inheritance rights sit in other titles, so ask a Maine lawyer whether your spouse's signature is needed before you record. One consequence is set by Maine's elective-share law: a gift of property made during the 2 years before the grantor's death can be counted toward a surviving spouse's elective share, above a threshold tied to the federal gift tax exclusion (18-C MRSA s.2-205(3)), unless the spouse joined in or consented in writing to the transfer (s.2-208(1)(B)). If the deed is part of a divorce, see our guide to Maine divorce laws.

Recording a quitclaim deed at the registry of deeds

Record the deed at the registry of deeds for the county where the land lies. In a county with two or more registry districts, record it in the district where the land lies, and if the land is in more than one county, record it in each. Once recorded, the deed becomes part of the county land records; see our guide to Maine property records.

What recording does

Recording protects the new owner against later buyers and creditors. Under 33 MRSA s.201, "No conveyance of an estate in fee simple, fee tail or for life, or lease for more than 2 years or for an indefinite term is effectual against any person except the grantor, his heirs and devisees, and persons having actual notice thereof unless the deed or lease is acknowledged and recorded in the registry of deeds within the county where the land lies."

So an unrecorded quitclaim still works between the grantor and grantee. It is exposed to anyone else who does not have actual notice of it until it is recorded.

Recording fees

Maine sets the recording fee by statute. Under 33 MRSA s.751, the register charges "Thirty-five dollars per instrument recorded at the request of all other persons" (that is, anyone other than the State or a municipality). Fees are due when the deed is offered for record. The register adds $2 for each extra page it must attach for recording information (s.653), and any real estate transfer tax is collected separately at the same time.

E-recording

Ask the county registry of deeds whether it accepts electronic recording.

Maine real estate transfer tax on a quitclaim deed

Maine's real estate transfer tax applies to quitclaims as well as sales. Under 36 MRSA s.4641-A, "A tax is imposed on each deed by which any real property in this State is transferred." The register of deeds collects it when the deed is offered for recording, and it is imposed half on the grantor and half on the grantee.

Rate and value

"The rate of the tax is $2.20 for each $500 or fractional part of $500 of the value of the property transferred. When the value of the property being transferred exceeds $1,000,000, an additional tax at the rate of $3.80 for each $500 or fractional part of $500 of the value of the property transferred that exceeds $1,000,000 is imposed" (36 MRSA s.4641-A). Maine Revenue Services says the additional tax applies to transfers on or after November 1, 2025. Its own example: a $500,000 deed carries $2,200 of tax, $1,100 from each side.

Value is the actual consideration. When property is transferred by gift, for nominal or no stated consideration, or when the consideration cannot be determined, "the tax is instead calculated based on the fair market value of the property being transferred," according to Maine Revenue Services Bulletin 31. The bulletin uses the adjusted assessed value as the default fair market value and treats consideration under 20% of the adjusted assessed value as nominal.

Exemptions that fit quitclaim deeds

Bulletin 31 reads "parent and child" to include stepchildren. A gift to anyone outside the family exemption, such as a sibling, friend, unmarried partner or cousin, is not covered by s.4641-C(4) and is taxed on fair market value unless another exemption applies. A partition deed is exempt only to the extent each party takes its own share; a party who takes more than its undivided share owes tax on the difference.

The trust exemption also covers the deed back from the trustee to the beneficial owner, and Bulletin 31 uses a revocable trust as its example.

Real Estate Transfer Tax Declaration

Most quitclaim deeds need a declaration of value even when no tax is due. Under 36 MRSA s.4641-D, "any deed, when offered for recording, and any report of a transfer of a controlling interest must be accompanied by a declaration of the value of the property transferred." Only the deeds listed in s.4641-D(1) to (7) are excused, such as governmental deeds, mortgages, partial releases, corrective deeds, deeds of distribution and transfer on death deeds.

That means a gift deed between spouses or between a parent and child still needs the declaration, with the exemption claimed on it. The declaration must show the tax map and parcel number and evidence of compliance with 36 MRSA s.5250-A, and the register sends it to Maine Revenue Services. Maine Revenue Services explains the tax and its rates, and links its property tax forms, on its real estate transfer tax page; the registry of deeds can tell you how it accepts the declaration.

Property tax after a quitclaim in Maine

A quitclaim can affect the Maine homestead property tax exemption. Under 36 MRSA s.683, the exemption covers $10,000 of just value for a permanent resident who has owned a homestead in Maine for the preceding 12 months, plus an additional $15,000 for tax years beginning on or after April 1, 2020, apportioned among owners who live there. A new owner who just received the property by deed should check the 12-month ownership requirement with the municipal assessor. The exemption is not automatic for a new owner. Under 36 MRSA s.684(1), a person claiming it for the first time must file the application with the assessor on or before April 1 of the tax year, and an owner already receiving it must notify the assessor promptly when ownership changes (s.684(4)).

Section 683 is being replaced. It says: "The exemptions provided in this section are discontinued beginning with property tax years beginning on or after April 1, 2027." A new section, 36 MRSA s.683-A, provides that for property tax years beginning on or after April 1, 2027, "up to $25,000 of the just value of a homestead owned by an applicant for the preceding 12 months is exempt from taxation."

Assessment is handled by the municipal assessor. Ask the assessor how the transfer affects the property's assessment and any exemption before you record.

Mortgages and quitclaim deeds

Maine's deed statutes deal with title, not the loan. 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 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 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 Maine

Some Maine registries offer free alerts. The York County Registry of Deeds says it "provides Property Fraud Alerts free of charge" and that owners "can sign up to receive an email notification when a document is recorded at the Registry with your name." An alert arrives after a document is recorded; it does not stop the recording.

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 your county registry of deeds whether it offers one.

Transfer on death deeds as an alternative

If the goal is to pass a home at death rather than now, Maine authorizes a transfer on death deed under the Uniform Real Property Transfer on Death Act, 18-C MRSA ss.6-401 to 6-420. It must contain the elements of a recordable deed, state that the transfer occurs at the transferor's death, and, under s.6-409, "be recorded before the transferor's death in the registry of deeds in the county where the property is located."

The transfer at death is exempt from the real estate transfer tax (36 MRSA s.4641-C(21)). For what happens when an owner dies without one, see our guide to Maine probate.

Common myths about Maine quitclaim deeds

• "Every quitclaim deed carries no promises." Maine's quitclaim deed with covenant promises to defend the title against claims by, through or under the grantor (33 MRSA s.765, s.775 form 2). Only the release deed carries no covenant.
• "A quitclaim is not valid until it is recorded." An unrecorded deed works against the grantor, the grantor's heirs and devisees, and people with actual notice; it is not effective against anyone else until acknowledged and recorded (33 MRSA s.201).
• "There is no tax on a gift deed." A gift is taxed on fair market value unless it fits an exemption such as the spouse, parent and child, grandparent and grandchild, or divorce exemption in 36 MRSA s.4641-C(4).
• "An exempt deed needs no paperwork." A family gift deed still needs the Real Estate Transfer Tax Declaration with the exemption claimed (36 MRSA s.4641-D).
• "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
• Maine property records
• Quitclaim vs. warranty deeds
• Maine divorce laws
• Maine probate

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

Last updated: 2026-10-10.

Frequently Asked Questions

How do I file a quitclaim deed in Maine?

The grantor signs the deed and acknowledges it before a notary public or other officer listed in 33 MRSA s.203, with each signer's name typed or printed under the signature (s.651-A). Then take it to the registry of deeds for the county where the land lies, along with the Real Estate Transfer Tax Declaration, the recording fee and any transfer tax due.

What is the difference between Maine's two quitclaim deeds?

A quitclaim deed with covenant (33 MRSA s.775, form 2) uses the words "with quitclaim covenant," a promise to defend the title only against claims by, through or under the grantor. A quitclaim deed without covenant, or release deed (form 4), uses the word "release" and conveys the grantor's estate with no covenant.

Does a quitclaim deed need to be notarized in Maine?

Yes, to be recorded. Under 33 MRSA s.203, a deed must be acknowledged before a notary public in Maine or an attorney admitted in Maine, or before an officer listed in that section if signed elsewhere. Section 774 says a deed is not invalid just because it states no consideration or has no seal.

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

The statutory fee is $35 per instrument (33 MRSA s.751), plus $2 for each page the register adds when the deed has no room for the recording information (s.653). The real estate transfer tax, if due, is collected separately at the registry.

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

Unless an exemption applies, yes: $2.20 per $500 of value, half from the grantor and half from the grantee, plus $3.80 per $500 above $1,000,000 for transfers on or after November 1, 2025 (36 MRSA s.4641-A). A gift with no actual consideration between spouses, parent and child, or grandparent and grandchild is exempt (s.4641-C(4)); a gift to anyone else is taxed on fair market value.

Is a deed to my own living trust taxed in Maine?

A deed to a trustee, nominee or straw party for the grantor as beneficial owner is exempt from the transfer tax (36 MRSA s.4641-C(15)), and Maine Revenue Services uses a revocable trust as its example. The deed still needs the transfer tax declaration with the exemption claimed.

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 is obligated on the loan.

Will I lose the Maine homestead property tax exemption after a quitclaim?

The exemption in 36 MRSA s.683 goes to a permanent resident who has owned a Maine homestead for the preceding 12 months, and from April 1, 2027 it is replaced by an exemption of up to $25,000 under s.683-A, which also requires 12 months of ownership. Ask the municipal assessor how a transfer affects the current year's exemption.