Maryland Quitclaim Deed: Requirements, Recording and Transfer Tax

Maryland has no statutory quitclaim form: a quitclaim deed is an ordinary Maryland deed that carries no covenants of title, and under Real Property Article (RP) § 4-101(a)(1) any deed that names the grantor and grantee, describes the property "sufficient to identify it with reasonable certainty" and states the interest granted is sufficient if it is "executed, acknowledged, and, where required, recorded." The deed is then recorded with the clerk of the circuit court in the county where the land lies (RP §§ 3-103 and 3-301), and Maryland's recording statute goes further than most: under RP § 3-101(a), no deed may "pass or take effect unless the deed granting it is executed and recorded." 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 Maryland law on deeds used as quitclaims: the Real Property Article (Titles 3, 4 and 7, and the new Title 14, Subtitle 10 transfer-on-death deed added by 2026 Md. Laws ch. 751), the Tax-Property Article (recordation tax, State transfer tax and the homestead credit) and Estates and Trusts § 3-202, plus the federal mortgage and gift-tax rules that apply in every state. It does not cover title insurance, lender underwriting rules, county recordation and transfer tax rates (each county sets its own), federal income tax, or other states' laws.

What a quitclaim deed does in Maryland

Maryland's statutes use the word "quitclaim" only in side provisions. RP § 7-310(c) bars a quitclaim deed in a foreclosure-rescue transfer (covered below), RP § 13-503(a) calls a State land patent a quitclaim of the State's interest, and Estates and Trusts § 17-203, the statutory form limited power of attorney, lists "quitclaim" among the real property powers a principal may give an agent. There is no quitclaim-specific deed form in the Real Property Article.

Instead, RP § 4-202(a) sets out a short-form deed in which the grantor states that he or she does "grant unto" the grantee "all that" property, and RP § 4-201 says any form in that subtitle, or a form to like effect, is sufficient, with covenants added if the parties want them. A deed people call a quitclaim is a Maryland deed that adds no covenants of title, so it makes no promise that the grantor owns the property or that the title is clear. For how that differs from a deed with warranties, see quitclaim vs. warranty deeds.

Under RP § 4-105, words of inheritance are not needed, and "unless a contrary intention appears by express terms or is necessarily implied, every grant of land passes a fee simple estate." The common understanding that a quitclaim passes only whatever interest the grantor actually holds comes from general property law; no Maryland statute cited here says it in those words.

Execution requirements for a Maryland deed

A Maryland deed must be signed by the grantor and acknowledged, and it must also meet the recording rules in RP § 3-104 before the clerk will record it.

Some counties add their own requirements; for example, every deed recorded in Prince George's County must reference the election district where the property lies (RP § 3-104(f)(2)), and Talbot, Worcester and Frederick counties have their own rules in RP § 3-104(f).

The preparer rule matters for people drafting their own deed. RP § 3-104(f)(1)(ii) says a deed "may not be recorded unless it bears" either an attorney certification or "a certification by a party named in the instrument that the instrument was prepared by that party." A self-prepared quitclaim can therefore be recorded, as long as a party to it signs that certification.

The old margin rule no longer applies. Before October 1, 2026, RP § 3-104(e) also required a 3-inch top margin and 1-inch side margins on a printed deed. 2026 Md. Laws ch. 746 (HB 951, cross-filed as ch. 745, SB 760) repealed "a requirement that a printed deed or other instrument offered for recordation include certain margins," effective October 1, 2026. The online Maryland Code may not yet reflect the repeal, so a deed prepared today does not need those margins even if an older copy of the statute still shows them.

Strike-throughs and interlineations on their own are not grounds for a clerk to refuse a deed (RP § 3-301(c)(1)), and RP § 3-104(e) also bars riders that obscure the text in clerk offices that scan instruments.

Adding or removing a spouse, and deeding to yourself

Maryland lets a grantor deed directly to himself or herself and another person, for example to add a spouse as a tenant by the entirety or a joint tenant, without first conveying to a straw man (RP § 4-108(a)). Spouses who hold property as tenants by the entirety may convey jointly to themselves, to either of them, or to others, and either spouse may convey to the other "acting individually to the other in tenancy in severalty, without the use of a straw man as an intermediate grantee-grantor" (RP § 4-108(b)).

Dower and curtesy no longer exist in Maryland: Estates and Trusts § 3-202 says "the estates of dower and curtesy are abolished." Titles 4 and 5 of the Real Property Article contain no statute requiring a non-owner spouse to sign a deed of a marital home, but the Family Law Article is not covered here, so that is not a confirmed statewide negative. A lawyer licensed in Maryland can say whether a spouse should join a particular deed.

A deed between spouses or former spouses after a divorce gets a tax exemption, covered in the tax section below. For the divorce side, see Maryland divorce laws.

Recording with the circuit court clerk

Record the deed with the clerk of the circuit court of the county where the land lies; if the land lies in more than one county, record it in each of them (RP § 3-103). RP § 3-301(a)(1) directs each clerk to "record every deed and other instrument affecting property in land records available to the public." Baltimore City has its own circuit court clerk. Land records can be searched statewide for free through MDLandRec.net; for search tips and other record types, see Maryland property records.

Why recording matters in Maryland

Recording is not optional paperwork in Maryland. RP § 3-101(a) provides that no deed may "pass or take effect unless the deed granting it is executed and recorded." Once recorded, a deed takes effect from its effective date (the date of delivery) against the grantor, the grantor's personal representatives, every purchaser with notice, and every creditor of the grantor with or without notice (RP § 3-201).

Recording also decides priority. Under RP § 3-203, a recorded deed takes effect against a later grantee unless the later grantee accepted delivery "in good faith," "without constructive notice," and "for a good and valuable consideration," and also "recorded the deed first." Possession of the property that is inconsistent with the record title gives constructive notice (RP § 3-202). Recording promptly is how a new owner protects the interest.

What must go with the deed

A completed Land Instrument Intake Sheet must accompany any deed that changes ownership unless the county assessment office has endorsed the deed as transferred on the assessment books (RP § 3-104(a)(1)(ii), (g)(2)), and a clerk may refuse to record such a deed that has neither (RP § 3-104(g)(7)). This applies even when the deed is exempt from every tax. The intake sheet must state a tax bill mailing address for an instrument changing ownership, name each grantor and grantee, identify the property (by tax account number, street address, lot and block, acreage or similar identifier) and indicate who should receive the recorded deed (RP § 3-104(g)(3)). A copy of the instrument also goes to the State Department of Assessments and Taxation (SDAT) (RP § 3-104(a)(1)(iii)).

Before a change-of-ownership deed is recorded and transferred on the assessment books, all public taxes, assessments and charges currently due on the property must be paid to the county, and the county collector's certificate is endorsed on the deed (RP § 3-104(a)(1)(i), (b)(1)). The statute has limited exceptions, including certain heirs on payment plans and foreclosure grants. A county may charge up to $55 for a tax certificate (RP § 3-104(b)(3)(iv)).

Recording fees

Under the current text of RP § 3-601(a), the clerk collects $20 for an instrument of 9 pages or less, $20 for an instrument of any length "involving solely a principal residence," and $75 for any other instrument of 10 pages or more. A separate $40 per-instrument land records surcharge also applies to instruments executed on or after July 1, 2011, under Courts and Judicial Proceedings § 13-604(a)(2). Recordation tax and transfer taxes are charged on top of these fees, and the clerk's office can confirm the total for a specific deed.

E-recording

The Maryland Judiciary runs a land records e-recording program; its page says the pilot has ended and "Land Record E-Recording Programs may be expanded to other circuit courts." It lists no roster of participating counties and does not say whether individuals, as opposed to title companies and other submitters, may use it. Ask the county clerk whether that office accepts electronic recording.

Transfer and recordation taxes on a Maryland quitclaim deed

Maryland has three layers of tax on a recorded deed, and the intake sheet itemizes each one alongside the recording charge and surcharge:

• State transfer tax (Tax-Property § 13-202), imposed on an instrument of writing recorded with the circuit court clerk.
• Recordation tax (Tax-Property § 12-102), at a rate set by each county or Baltimore City: "The Mayor and City Council of Baltimore City or the governing body of a county may set, by law, the recordation tax rate in the county" (Tax-Property § 12-103(b)(1)).
• County transfer tax in counties whose public local laws impose one; Tax-Property § 13-402 says that subtitle "applies in any county where the county imposes a transfer tax."

The State transfer tax rate "is 0.5% of the consideration payable for the instrument of writing," except as provided in Tax-Property § 13-203(a-1) and (b) (Tax-Property § 13-203(a)(1)). One of those exceptions is a 0.25% rate, paid entirely by the seller, for improved residential property sold to a first-time Maryland home buyer who will occupy it (Tax-Property § 13-203(b)(3)). Consideration "includes the amount of any mortgage or deed of trust assumed by the grantee" (Tax-Property § 13-203(a)(2)). Under RP § 14-104(b), unless the agreement or the law provides otherwise, the parties are presumed to share the recordation tax and any State or local transfer tax equally; on a sale of improved residential property to a first-time Maryland home buyer who will occupy it, the seller pays the State transfer tax and, unless the parties expressly agree otherwise, the recordation tax and local transfer tax (RP § 14-104(c)).

County recordation and transfer tax rates vary by county and are not statewide figures. Ask the county clerk or county finance office for the current rate before recording.

The consideration must be described in the deed's recitals or acknowledgment, or in a sworn statement signed by a party or agent that accompanies the deed (Tax-Property §§ 12-104(a), 13-204). The deed must carry a stamp or statement showing the transfer tax paid and the amount before it is recorded (Tax-Property § 13-208(b)).

Exemptions that fit common quitclaim situations

The relatives exemption is narrower than it sounds. It covers only "the principal amount of debt assumed by the transferee," not the whole transfer, so it is not a general exemption for gifts to family, and it does not reach a brother-in-law or sister-in-law. The trust exemption in Estates and Trusts § 14.5-1001(b) and the estate exemption in § 9-105(c) also bar "any other State or local excise tax," so they reach county transfer tax; for the other exemptions, county transfer taxes are set by county law, so ask the county finance office which it applies.

A gift is not on the exemption list, but Maryland measures both the recordation tax and the State transfer tax by consideration, which "includes the amount of any mortgage or deed of trust assumed by the grantee" and otherwise "includes only the amount paid or delivered in return for the sale of the property" (Tax-Property §§ 12-103(a)(2), 13-203(a)(2)). A deed for which nothing is paid and no mortgage is assumed therefore has no consideration for those two taxes, and the intake sheet instructions list a gift among conveyances that are "not considered an arms-length transfer of real property." County transfer taxes are set by county law, so ask the county finance office how it treats a gift deed.

Land assessed on the basis of farm or agricultural use under Tax-Property § 8-209 can also trigger the agricultural land transfer tax (Tax-Property § 13-301 and following); ask the county before recording a deed to farmland.

The federal gift tax is separate from all of these. The IRS says that "for tax year 2026, the annual exclusion for gifts remains at $19,000," and the donor is generally the one responsible for any gift tax. A tax professional can say how federal rules apply to a particular gift of real estate.

Forms that go with a Maryland quitclaim deed

The State of Maryland publishes the Land Instrument Intake Sheet and its instructions. The sheet's stated purpose is to give the 24 circuit court clerk offices a single form "to expedite the accurate processing, recording, and indexing of land instruments." On it:

• Section 2 (type of conveyance) is where a gift or related-party deed is marked "Not an Arms-Length Sale."
• Section 3 lists each tax exemption claimed, with the authority for it.
• Section 4 states the consideration; "other consideration" includes forgiveness of debt.
• The sheet also asks whether the property will be the grantee's principal residence, which ties into the homestead credit below.

Maryland does not publish a fill-in quitclaim deed form. The county clerk can tell you what the office accepts, and a lawyer can prepare the deed; clerks cannot give legal advice.

Property tax effects

A quitclaim does not trigger a special reassessment in Maryland. SDAT says "property is reassessed every 3 years so each property owner pays their appropriate share of local taxes," with increases phased in over three years. A recorded deed moves ownership on the assessment books, and SDAT's records "reflect the ownership of property listed within the deeds that are officially recorded among the County's Land Records."

The homestead (assessment cap) credit is where a deed can matter. Under Tax-Property § 9-105(d)(1)(i), the credit is granted for a taxable year "unless during the previous taxable year: (i) the dwelling was transferred for consideration to new ownership." A deed with no consideration is not that statutory trigger, but the credit still requires a homeowner who actually lives in the dwelling as a principal residence and applies for it. Ask SDAT how a specific gift or family deed affects the credit.

Foreclosure rescue: quitclaim deeds are barred

RP § 7-310(c) shuts down a common foreclosure-rescue tactic: "Except when a primary mortgage lender takes a deed in lieu of foreclosure, a sale or transfer of a residence in default may not be executed using a quitclaim deed." Anyone asking a homeowner in default to sign a quitclaim so they can keep the house is proposing a transfer this statute forbids, unless it is a deed in lieu taken by the primary mortgage lender. Signing the deed away does not end the homeowner's loan, as the next section explains.

Does a quitclaim deed remove you from the mortgage?

No. A deed changes ownership; it does not change who owes the loan. Maryland's tax statutes assume the loan continues, counting "any mortgage or deed of trust assumed by the grantee" as part of the consideration (Tax-Property § 13-203(a)(2)).

Federal rules say the same thing from the lender's side. Only the lender releases a borrower: under 12 CFR 191.5(b)(4), when the lender and the new owner agree in writing, before the transfer, that the new owner is obligated on the loan, the lender releases the existing borrower. Federal law bars a lender from calling a loan due under its due-on-sale clause for certain transfers of residential property with fewer than five dwelling units (12 U.S.C. 1701j-3(d)), but 12 CFR 191.5(b) limits those protections to a home the borrower occupies or will occupy. A transfer to a spouse or child, or to a spouse under a divorce decree or property settlement, is protected only if that person occupies or will occupy the home (12 CFR 191.5(b)(1)(v)), and a transfer into a living trust only if the borrower remains a beneficiary and occupant (12 CFR 191.5(b)(1)(vi)). A later event can disqualify a transfer that once fit an exception (12 CFR 191.5(b)(5)). Transfers outside those categories, such as to a sibling or friend, are not covered. Talk to the lender before signing.

Deed fraud protections in Maryland

No statewide clerk alert program for Maryland land records appears in the sources cited here. The Maryland Insurance Administration's advisory tells owners to "go to MDLandRec.net to verify and monitor your property records regularly for free," and warns that paid deed-fraud monitoring "is not insurance" and cannot stop a fraudulent deed from being recorded.

If you suspect a fraudulent deed, the advisory's steps are to get copies from the county clerk, call local law enforcement, notify your lender and title insurer, and contact the Maryland Insurance Administration if a title company was involved, the Office of Financial Regulation if a lender was involved, and the Attorney General's Consumer Protection Division. The FBI's Internet Crime Complaint Center also suggests checking whether your county offers a notification service that emails or texts when a document is recorded in your name.

Two other Maryland measures apply:

• Address Confidentiality Program: a program participant can ask to shield real property records by submitting a Real Property ACP Notice, the deed and the intake sheet to the circuit court clerk and the county finance office (RP § 3-115).
• Task Force to Study Deed Fraud: 2026 Md. Laws ch. 399 (HB 130), effective October 1, 2026, establishes a task force to review "the incidence of deed fraud in Maryland," with a report due to the General Assembly by July 1, 2028. It studies the problem; it does not create a new recording rule.

Transfer-on-death deed: new in Maryland as of October 1, 2026

Maryland now allows a transfer-on-death deed. 2026 Md. Laws ch. 751 (HB 738, cross-filed as ch. 750, SB 651) enacted the Maryland Transfer-on-Death Deed Act as RP Title 14, Subtitle 10 (§ 14-1001 and following), effective October 1, 2026: "An owner of property may transfer the property to one or more beneficiaries effective at the transferor's death by a transfer-on-death deed." The deed must comply with RP § 4-101, state that the transfer occurs at death and be recorded before the owner dies; it is revocable and needs no consideration or acceptance.

Chapter 751 also exempts a transfer-on-death deed for the transferor's primary or secondary residence from recordation tax, State transfer tax and county transfer tax (new Tax-Property §§ 12-108(ii), 13-207(a)(27) and 13-414), and a clerk may refuse to record a transfer-on-death deed that is not accompanied by an intake sheet. The online Maryland Code may not yet show the new subtitle, so the chapter law is the source to read for now. For an owner who wants a home to pass at death rather than now, this keeps ownership and control during life, which a quitclaim does not. For estates more broadly, see Maryland probate.

2026 Maryland changes now in force

• Ch. 751 (HB 738) / ch. 750 (SB 651): transfer-on-death deeds, effective October 1, 2026.
• Ch. 746 (HB 951) / ch. 745 (SB 760): repeals the margin requirement in RP § 3-104(e), effective October 1, 2026, and requires the clerk to date each change or correction to the general alphabetical index.
• Ch. 399 (HB 130): Task Force to Study Deed Fraud, effective October 1, 2026.
• Ch. 718 (HB 1148) / ch. 719 (SB 765): a Legacy Protection Program under the State Tax Sale Ombudsman to help heirs who inherit a dwelling become the record title holder (effective dates June 1, 2026 and July 1, 2027). This is a help program for heirs, not a quitclaim rule.

Related

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

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

Last updated: 2026-10-08.

Frequently Asked Questions

How do I file a quitclaim deed in Maryland?

Have the grantor sign the deed and acknowledge it before a notary or other officer (RP 4-101; 4-204), with an attorney's or a party's preparer certification (RP 3-104(f)). Pay current property taxes and get the county collector's certificate, then take the deed, a completed Land Instrument Intake Sheet and the tax and fee payments to the clerk of the circuit court in the county where the land lies (RP 3-103; 3-104).

Does a quitclaim deed need to be notarized in Maryland?

A Maryland deed must be acknowledged to be sufficient (RP 4-101(a)(1)), and RP 4-204 gives the officer's certificate of acknowledgment. Witnesses are not required: the absence of a seal or attestation does not affect validity (RP 4-101(b)).

Can I prepare my own quitclaim deed in Maryland?

Yes, as far as recording goes: RP 3-104(f)(1)(ii) lets the clerk record a deed that carries either a Maryland attorney's preparation certification or a certification by a party named in the deed that the party prepared it. Clerks cannot give legal advice, and a lawyer can check the description and tax treatment.

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

Under RP 3-601(a), the clerk charges $20 for an instrument of 9 pages or less or one involving solely a principal residence, and $75 for other instruments of 10 pages or more, plus a $40 land records surcharge under Courts and Judicial Proceedings 13-604(a)(2). Recordation tax, State transfer tax and any county transfer tax are added unless an exemption applies, and a county may charge up to $55 for a tax certificate (RP 3-104(b)(3)(iv)).

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

Often, yes. The State transfer tax is generally 0.5% of the consideration, including any mortgage the grantee assumes (Tax-Property 13-203), and counties set recordation tax rates and may impose a county transfer tax. Deeds between spouses or former spouses are exempt from recordation tax and State transfer tax (12-108(d); 13-207(a)(3)), and the intake sheet must list any exemption claimed.

Is a gift deed to my child exempt from Maryland recordation tax?

There is no gift exemption as such, but recordation tax and State transfer tax are measured by consideration, which counts only the amount paid plus any mortgage the child assumes (Tax-Property 12-103(a)(2); 13-203(a)(2)), and 12-108(c)(1) exempts assumed mortgage debt on a transfer to a son or daughter. County transfer tax follows county law, so ask the county finance office. A transfer-on-death deed under 2026 Md. Laws ch. 751 is exempt from recordation tax, State transfer tax and county transfer tax when the property is the transferor's primary or secondary residence.

Is an unrecorded quitclaim deed valid in Maryland?

Maryland's statute says no deed may 'pass or take effect unless the deed granting it is executed and recorded' (RP 3-101(a)). Recording also sets priority: a later good-faith buyer for value without notice who records first can take ahead of an earlier deed (RP 3-203).

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

Property held by spouses as tenants by the entirety is conveyed by both spouses acting jointly, although either spouse may deed the property to the other (RP 4-108(b)). Dower and curtesy are abolished (Estates and Trusts 3-202), and this page does not settle whether any other statute requires a non-owner spouse to sign, so ask a lawyer licensed in Maryland.

Can I use a quitclaim deed to stop a foreclosure in Maryland?

Not in a foreclosure-rescue transfer. RP 7-310(c) says a sale or transfer of a residence in default may not be executed using a quitclaim deed, except when the primary mortgage lender takes a deed in lieu of foreclosure.

Does Maryland have a transfer-on-death deed?

Yes, since October 1, 2026. 2026 Md. Laws ch. 751 lets an owner transfer property to beneficiaries effective at death by a recorded, revocable transfer-on-death deed that complies with RP 4-101; the online code may not yet show the new RP Title 14, Subtitle 10.

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)).