Minnesota Quitclaim Deed: Requirements, Recording and Deed Tax

A Minnesota quitclaim deed is a statutory short form: Minn. Stat. 507.07 gives a form in which the grantor "conveys and quitclaims" to the grantee "all interest in the following described real estate," and it passes all of the grantor's right, title and interest but not title the grantor acquires later. To be recorded, the deed must be signed and acknowledged (Minn. Stat. 507.24), and it is recorded with the county recorder of the county where the land lies (Minn. Stat. 507.34), with the deed tax paid. 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 Minnesota's statutory quitclaim form and recording rules (Minn. Stat. 507.02, 507.07, 507.09, 507.16, 507.24, 507.091, 507.092, 507.093, 507.34 and 500.19), the transfer on death deed (507.071), the recording fee (357.18) and conservation fee (40A.152), the deed tax (287.20 to 287.241) and the Hennepin and Ramsey county deed tax (383A.80 and 383B.80), the certificate of real estate value (272.115), the delinquent-tax endorsement (272.12), the well disclosure statement (103I.235), homestead classification (273.124), and federal mortgage and gift-tax points. It does not cover Torrens registration procedure, title insurance, lender or loan-program rules beyond the federal regulations cited, county fees and practices beyond those named, how a divorce divides property, criminal penalties for forged deeds, federal income tax, or the law of other states.

What a quitclaim deed does in Minnesota

Minnesota gives the quitclaim deed its own statutory short form in Minn. Stat. 507.07, titled "Warranty and quitclaim deeds." The quitclaim form uses the operative words "conveys and quitclaims." The statute says what a deed in that form does:

"Every such instrument, duly executed, shall be a conveyance to the grantee, the grantee's heirs and assigns, of all right, title, and interest of the grantor in the premises described, but shall not extend to after acquired title, unless words expressing such intention be added." (Minn. Stat. 507.07)

So a quitclaim passes whatever interest the grantor holds today. It carries no promise about the title either: "Except as provided in section 507.07, no covenant of title shall be implied in any conveyance or mortgage, whether such conveyance contains special covenants or not" (Minn. Stat. 507.16). For a side-by-side comparison, see our explainer on quitclaim vs. warranty deeds.

The state's official quitclaim form

Minnesota publishes official deed forms. Under Minn. Stat. 507.09, the forms prepared by the Uniform Conveyancing Blanks Commission "are approved and recommended for use in the state." The Department of Commerce posts the Quit Claim Deed, Individual(s) to Individual(s), Form 10.3.1, which includes lines for the deed tax and eCRV number, a box to check if the property is Registered (Torrens), the well certification and a notary block.

This page does not provide deed language to fill in. A lawyer can prepare the deed, and county recorders cannot give legal advice.

Minnesota quitclaim deed requirements

Most of Minnesota's rules are recording rules: the county recorder can refuse the deed until they are met. The page-format standards are the exception: a deed should meet them, but under Minn. Stat. 357.18, subd. 5 it "should not be rejected unless the document is not legible or cannot be archived."

The well disclosure statement

Minn. Stat. 103I.235 requires a seller, before signing an agreement to sell or transfer real property, to disclose the wells the seller knows of. A well disclosure certificate is not needed if the seller knows of no wells and the deed contains this statement: "The Seller certifies that the Seller does not know of any wells on the described real property." The state's quitclaim Form 10.3.1 includes that certification. The recorder may not record a deed without the well statement or a well disclosure certificate when a certificate of real estate value is required for it (a sale for more than $3,000) or when it comes from a governmental body exempt from deed tax (Minn. Stat. 103I.235, subd. 1(h)). A quitclaim with no consideration does not fall under that recording bar, although the state form includes the statement and many people complete it anyway. When a well disclosure certificate is filed, the recorder collects a $54 fee from the buyer or the person recording the deed (Minn. Stat. 103I.235, subd. 1(h)).

Does a spouse have to sign a Minnesota quitclaim deed?

For the homestead, yes, in most cases. Minn. Stat. 507.02 provides:

"If the owner is married, no conveyance of the homestead, except a mortgage for purchase money under section 507.03, a conveyance between spouses pursuant to section 500.19, subdivision 4, or a severance of a joint tenancy pursuant to section 500.19, subdivision 5, shall be valid without the signatures of both spouses." (Minn. Stat. 507.02)

A spouse's signature may be made by an attorney-in-fact. For property that is not the homestead, a spouse who owns it may convey it by separate deed, "subject to the rights of the other spouse therein." Spouses can also convey to each other to the same extent as unmarried people (Minn. Stat. 500.19, subd. 4(b)), subject to 507.02.

How a divorce divides Minnesota property is outside this page; see our guide to Minnesota divorce laws. The deed tax exemption for deeds made under a dissolution decree is covered below.

Recording a quitclaim deed in Minnesota

Where to record

"Every conveyance of real estate shall be recorded in the office of the county recorder of the county where such real estate is situated" (Minn. Stat. 507.34). Registered (Torrens) property is handled by the registrar of titles; this page does not cover Torrens registration procedure. To search what is already on record for a parcel, see our guide to Minnesota property records.

Why recording matters

Minnesota's recording act protects a later good-faith buyer who records first. Under Minn. Stat. 507.34, "every such conveyance not so recorded shall be void as against any subsequent purchaser in good faith and for a valuable consideration of the same real estate, or any part thereof, whose conveyance is first duly recorded." It is also void against attachments and judgments lawfully obtained before the conveyance is recorded. The statute adds that a first-recorded deed being in quitclaim form is not by itself notice to the later buyer and does not defeat that buyer's good faith.

An unrecorded quitclaim is not void between the grantor and grantee. The risk is to the grantee, who can lose out to a later buyer or creditor if the deed is left unrecorded.

Recording fees

Minn. Stat. 357.18, subd. 1(1), as last amended in 2022, sets the county recorder's fee "for indexing and recording any deed or other instrument a fee of $46," of which $10.50 goes to the state general fund, $10 to the technology fund and $25.50 to the county general fund. Under 357.18, subd. 2, that fee is "the fee charged in all counties for the specified service." Other statutory charges can apply on top of it:

• Conservation fee. Minn. Stat. 40A.152, subd. 1 requires a metropolitan county, a county that has allowed exclusive agricultural zones, or an agricultural land preservation pilot county to impose an additional $5 on the recording of a deed subject to the deed tax under 287.21. Dakota County, for example, lists a $5 Minnesota conservation fee "collected on each instrument where state deed or mortgage registration tax has been paid."
• Well disclosure certificate. The recorder collects $54 when a well disclosure certificate accompanies the deed (Minn. Stat. 103I.235, subd. 1(h), as amended by Laws 2025, 1st Spec. Sess. ch. 3, art. 1, sec. 7, which raised it from $50). Dakota County's fee page still lists $50.

Check your county's fee page before you record.

E-recording

Electronic instruments, "including signatures and seals," may be recorded only in conformance with standards of the Electronic Real Estate Recording Commission under the Minnesota Real Property Electronic Recording Act, Minn. Stat. 507.0941 to 507.0948 (Minn. Stat. 507.24, subd. 2(b)). Which counties accept e-recording from individuals was not checked.

Minnesota deed tax and the certificate of real estate value

The deed tax

Minnesota taxes deeds. Under Minn. Stat. 287.21, subd. 1(a), "A tax is imposed on each deed or instrument by which any real property in this state is granted, assigned, transferred, or otherwise conveyed. The tax applies against the net consideration." The grantor is liable for it (Minn. Stat. 287.24).

Under 287.21, subd. 1(b), as last amended in 2019, "when there is no consideration or when the consideration, exclusive of the value of any lien or encumbrance remaining thereon at the time of sale, is $3,000 or less, the tax is $1.65," and when that net consideration exceeds $3,000, "the tax is .0033 of the net consideration" (0.33%).

The designated-transfer rate covers "a transfer between (i) a revocable trust, and (ii) the grantor or grantors of the revocable trust" (Minn. Stat. 287.20, subd. 3a). If, within six months, an ownership interest in a grantee entity is transferred so that the transfer would not have qualified, the 0.33% rate applies instead (Minn. Stat. 287.21, subd. 1(c)).

The exemption list in Minn. Stat. 287.22 includes "a decree of marriage dissolution, as defined in section 287.01, subdivision 4, or a deed or other instrument between the parties to the dissolution made pursuant to the terms of the decree" (287.22(14)), a deed of distribution by a personal representative (287.22(8)), a deed partitioning co-owners' interests (287.22(9)) and a transfer on death deed (287.22(15)). It has no general exemption for gifts or family transfers.

Hennepin and Ramsey counties add their own deed tax: "For properties located in Hennepin and Ramsey Counties, the county may impose an additional deed tax as defined in sections 383A.80 and 383B.80" (Minn. Stat. 287.223). Under Minn. Stat. 383B.80 (Hennepin) and 383A.80 (Ramsey), "The rate of the deed tax equals .0001 of the amount," an additional 0.01% on top of the state's 0.33%. The Minnesota Department of Revenue says that when consideration is $3,000 or less, "the minimum tax of $1.65 is due ($1.70 in Hennepin and Ramsey counties)." A 2026 law extended the counties' authority to impose this tax from January 1, 2028 to January 1, 2036 (Laws 2026, ch. 128, art. 8, secs. 8-9).

Certificate of Real Estate Value (CRV)

Under Minn. Stat. 272.115, subd. 1, "whenever any real estate is sold for a consideration in excess of $3,000, whether by warranty deed, quitclaim deed, contract for deed or any other method of sale, the grantor, grantee or the legal agent of either shall file a certificate of value with the county auditor in the county in which the property is located when the deed or other document is presented for recording." For deeds subject to the tax, the recorder needs the auditor's notice that a certificate was filed, and e-filed documents must include the eCRV number (Minn. Stat. 287.241, subd. 2).

The certificate requirement in 272.115 is tied to a sale for more than $3,000, so a gift quitclaim with no consideration does not call for one. For a deed paying only the minimum tax, the Department of Revenue says to include this language, or its equivalent, on the front of the deed: "This deed transfers Minnesota real property in exchange for $3,000 or less of consideration." It also says "Form DT1, Deed Tax can be used as an alternative to claiming a deed tax exemption or to indicate only the minimum tax is due."

Property tax effects of a Minnesota quitclaim

Minnesota values property at market value: "all property shall be valued at its market value" (Minn. Stat. 273.11, subd. 1). In the property tax sections cited here, a deed is not what sets that value, and those sections contain no parent-child exclusion of the kind some states have.

The practical issue is homestead classification. Residential property occupied and used as a homestead by its owner, who must be a Minnesota resident, is a residential homestead, and property held by a trustee under a trust can qualify if the requirements are met (Minn. Stat. 273.124). A deed can put that classification at risk:

"When there is a name change or a transfer of homestead property, the assessor may reclassify the property in the next assessment unless a homestead application is filed to verify that the property continues to qualify for homestead classification." (Minn. Stat. 273.124)

After a quitclaim, including one into your own trust or adding a spouse, plan to file a new homestead application. The application must be signed by each occupying owner and spouse, with Social Security or individual taxpayer identification numbers (Minn. Stat. 273.124, subd. 13).

Deed fraud protections in Minnesota

The safeguards built into recording are the acknowledgment before an officer with original signatures (Minn. Stat. 507.24) and the auditor's no-delinquent-taxes endorsement (Minn. Stat. 272.12). This page does not describe Minnesota's criminal penalties for forged or false filings.

Some counties offer free alerts. Anoka County's Property Alert "is a free notification service that alerts property owners when a document is recorded against a property," and Dakota County's Property Watch sends email alerts with the matched party name, recorded date, document number and document type. These are county programs, so check your own county recorder's site. The FBI's Internet Crime Complaint Center also 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."

Mortgages and quitclaim deeds

Minnesota'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.

Transfer on death deeds: the alternative

An owner who wants a home to pass at death without giving it away now can record a transfer on death deed under Minn. Stat. 507.071. It conveys to the beneficiary at the owner's death, has no effect on title before then, must comply with the laws that apply to deeds, and can be revoked by any grantor owner. Under the statute, "A transfer on death deed is valid if the deed is recorded in a county in which at least a part of the real property described in the deed is located and is recorded before the death of the grantor owner upon whose death the conveyance or transfer is effective." Transfer on death deeds issued on or after August 1, 2024 carry statutory warnings (Minn. Stat. 507.072), and the deed is exempt from deed tax (287.22(15)). For how a home passes without one, see our guide to Minnesota probate.

Common myths about Minnesota quitclaim deeds

"A quitclaim guarantees I'm getting good title." It does not. No covenant of title is implied except as 507.07 provides (Minn. Stat. 507.16), and a quitclaim does not pass title the grantor acquires later unless the deed says so (507.07).

"The deed doesn't count until it's recorded." An unrecorded deed is not void between the parties. It is void against a later good-faith buyer for value who records first, and against attachments and judgments obtained before it is recorded (Minn. Stat. 507.34).

"A gift deed pays no tax." Minnesota has no gift exemption in 287.22. A no-consideration deed pays the minimum deed tax of $1.65, or $1.70 in Hennepin and Ramsey counties (Minn. Stat. 287.21, subd. 1(b); 383A.80; 383B.80), while a deed between divorcing spouses made under the decree is exempt (287.22(14)).

"My spouse isn't on title, so my spouse doesn't sign." For the homestead of a married owner, a conveyance is not valid without both spouses' signatures, apart from the exceptions in Minn. Stat. 507.02.

"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
• Minnesota property records
• Quitclaim vs. warranty deeds
• Minnesota divorce laws
• Minnesota probate

This article provides general legal information about Minnesota law on quitclaim deeds, verified on 2026-10-08. 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 Minnesota.

Last updated: 2026-10-08.

Frequently Asked Questions

How do I file a quitclaim deed in Minnesota?

The grantor signs the deed and acknowledges it (Minn. Stat. 507.24), the deed carries the drafter and tax-statement information (507.091, 507.092) and the deed tax statement (287.241), and the county auditor endorses it for delinquent taxes (272.12). It is then recorded with the county recorder, or the registrar of titles for Torrens property, in the county where the land lies (507.34).

Does a quitclaim deed need to be notarized in Minnesota?

Yes, to be recorded. Minn. Stat. 507.24 requires a recorded instrument to be executed and acknowledged by the parties, with the acknowledgment certified and original signatures of the parties and the notary or other officer.

Does a Minnesota quitclaim deed need witnesses?

No section of Minnesota's deed recording chapter, chapter 507, requires witnesses. The statutory form in Minn. Stat. 507.07 has only a signature line, and the state's Uniform Conveyancing Blank quitclaim form has a signature and notary block.

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

Minn. Stat. 357.18 (as last amended in 2022) sets a $46 county recorder fee for recording a deed in every county. Other statutory charges can apply, such as a $5 conservation fee in metropolitan and some other counties (Minn. Stat. 40A.152) and $54 when a well disclosure certificate is filed (Minn. Stat. 103I.235); deed tax is separate.

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

Minnesota's deed tax applies. Under Minn. Stat. 287.21 (as last amended in 2019) it is $1.65 when there is no consideration or it is $3,000 or less and 0.33% of net consideration above that; Hennepin and Ramsey counties add 0.01%, making the minimum $1.70 there (Minn. Stat. 383A.80, 383B.80). Exempt deeds in 287.22 include a deed between divorcing spouses made under the decree and a transfer on death deed, but there is no gift exemption.

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

If the owner is married and the property is the homestead, the conveyance is not valid without both spouses' signatures, except a purchase-money mortgage, a conveyance between spouses under 500.19, subdivision 4, or a joint-tenancy severance under 500.19, subdivision 5 (Minn. Stat. 507.02). Non-homestead property can be conveyed by the owning spouse, subject to the other spouse's rights in it.

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

It is not void between the parties, but under Minn. Stat. 507.34 an unrecorded conveyance is void against a later good-faith purchaser for value whose conveyance is recorded first, and against attachments and judgments obtained before it is recorded.

Does Minnesota have a transfer-on-death deed?

Yes. Minn. Stat. 507.071 authorizes a transfer on death deed, which is valid only if recorded in the county where the property lies before the owner dies. It is exempt from deed tax (287.22).

Does a quitclaim deed remove me from the mortgage?

No. A deed changes who owns the property, not who owes the loan. A lender releases a borrower only through an agreement with the new owner, for example when they agree in writing, before the transfer, that the new owner will be obligated on the loan (12 CFR 191.5(b)(4)).