Montana Quitclaim Deed: Requirements, Recording and Transfer Forms

A Montana quitclaim deed is a written deed that hands over whatever interest the grantor holds in real property without the title promises that Montana law attaches to the word "grant." To count, it must be in writing and signed by the grantor (MCA 70-20-101) and acknowledged before a notary, or proved by a subscribing witness with that proof notarized, before it can be recorded (MCA 70-21-203); it is recorded by the county clerk of the county where the property lies (MCA 70-21-208), together with a Realty Transfer Certificate (MCA 15-7-305). 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 Montana law on quitclaim deeds: the conveyance provisions of MCA Title 70, chapter 20 (70-20-101, 70-20-103, 70-20-105, 70-20-301 and 70-20-304), the recording provisions of Title 70, chapter 21, the homestead joinder rule in 70-32-301, the clerk's document and fee rules in 7-4-2636 and 7-4-2637, the Realty Transfer Certificate in 15-7-301 to 15-7-311, the homestead reduced tax rate in 15-6-405, and the transfer on death deed in 72-6-401 to 72-6-418, with federal mortgage and gift-tax points where they affect a family transfer. It does not cover title insurance, a lender's own underwriting rules, county charges or programs beyond those named, federal tax advice, or other states' laws.

What a quitclaim deed does in Montana

Montana's conveyance statutes do not create a deed called a quitclaim. The part of the code on how real property is transferred (MCA 70-20-101 to 70-20-115) contains a statutory "form of grant" and no section named for quitclaim deeds. MCA 70-20-103 provides: "A grant of an estate in real property may be made in substance as follows:" and the form that follows uses the words "grant to" as its words of conveyance.

What separates a quitclaim from a grant deed in Montana is the promises it carries. Under MCA 70-20-304, the word "grant" "implies only the following covenants and none other on the part of the grantor": that the grantor has not already conveyed the same estate to someone else, and that the property is free from encumbrances made or suffered by the grantor. A deed that quitclaims without using the word "grant" does not pick up those covenants under that section. A grant also presumptively passes the fee simple unless the grant shows a lesser estate was intended (MCA 70-20-301).

A quitclaim gives the grantee no promise that the grantor's title is good. For how a quitclaim compares with a warranty deed, see quitclaim vs. warranty deeds.

People in Montana use a quitclaim to add or remove a spouse, give a home to a child, move property into a trust, or clear title after a divorce. MCA 70-20-105 lets an owner create a joint tenancy by naming the joint tenants, including the owner, in the deed itself, "without the necessity of any transfer or conveyance to or through a third person." The county clerk and recorder can explain local recording requirements, though clerks cannot give legal advice, and a lawyer licensed in Montana can prepare the deed.

Montana quitclaim deed requirements

Acknowledgment before a notary

MCA 70-21-203 provides that "before the instrument can be recorded, its execution must be acknowledged as provided in subsection (1) or proved as provided in subsection (2)." An acknowledgment, as defined in MCA 1-5-602, is a declaration before a notarial officer that the signer willingly signed the record for the purposes stated in it.

Witnesses

A Montana deed that is acknowledged does not need witnesses under MCA 70-21-203 or 70-20-101. A subscribing witness comes in only as an alternative to acknowledgment: if the deed is not acknowledged, "Execution of the instrument must be proved by a subscribing witness or as provided in 1-5-302 and 1-5-303." That proof of execution must itself be notarized (MCA 70-21-203(2)).

Format rules for recording

MCA 7-4-2636(1) describes a standard recordable document. It must be legibly printed or typed in blue or black ink on white paper of 8 1/2 by 11 or 8 1/2 by 14 inches, with signatures, initials and dates in blue or black ink and the names of the parties on the first or second page. Margins must be "at least 3 inches at the top of the first page and at least 1 inch at the top of the second and any subsequent pages," at least 1 inch at the bottom, and at least 1/2 inch on the sides. Notary acknowledgments are exempt from the color and margin rules.

The first page must carry, in the upper left corner, "the name and mailing address of the person to whom the document is to be returned" (MCA 7-4-2636(1)(f)), and a document that conveys an interest in real property must "provide a description of the property" (7-4-2636(1)(c)). A document that does not meet these standards can still be recorded, but costs $10 more (MCA 7-4-2637(2)).

Does a spouse have to sign a Montana quitclaim deed?

For a married person's homestead, yes. MCA 70-32-301 provides: "The homestead of a married person cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered is executed and acknowledged by both husband and wife."

In Montana a homestead is established by a recorded declaration: the person selecting a homestead must execute and acknowledge a declaration of homestead and file it for record (MCA 70-32-105). Where a declaration is of record, both spouses must sign and acknowledge the deed. Whether the joinder rule reaches a home with no recorded declaration is a question for a Montana lawyer; having both spouses sign avoids the question. If the quitclaim is part of a divorce, see our guide to Montana divorce laws.

Recording a quitclaim deed with the county clerk and recorder

MCA 70-21-208 provides: "Instruments entitled to be recorded must be recorded by the county clerk of the county in which the real property affected thereby is situated." The Realty Transfer Certificate statute calls the same office the county clerk and recorder (MCA 15-7-305). Once recorded, the deed becomes part of the county's land records; see our guide to Montana property records for how to search them.

What recording does

Recording is not what makes the deed work between the parties. MCA 70-21-102 states: "An unrecorded instrument is valid as between the parties and those who have notice thereof."

Recording protects the grantee against later buyers and lenders. Under MCA 70-21-304, an unrecorded conveyance "is void against any subsequent purchaser or encumbrancer, including an assignee of a mortgage, lease, or other conditional estate, of the same property or any part thereof in good faith and for a valuable consideration whose conveyance is first duly recorded." A recorded instrument gives constructive notice from the time it is filed (MCA 70-21-302).

Recording fees

MCA 7-4-2637, as amended in 2025 (Ch. 480, L. 2025), sets the clerk's fee for a standard document at "$20 for the first page or fraction of a page and $10 a page for each additional page or fraction of a page." A non-standard document pays $10 more. Beginning July 1, 2027, the Department of Revenue adjusts the fee every two years for inflation by rule, so check the current figure with your county clerk and recorder before you record. Ask the same office whether it accepts electronic recording.

Transfer tax and the Realty Transfer Certificate

Montana has no real estate transfer tax. Article VIII, section 17 of the Montana Constitution provides: "The state or any local government unit may not impose any tax, including a sales tax, on the sale or transfer of real property." The recording fee and the Realty Transfer Certificate still apply.

The Realty Transfer Certificate is required

Montana does require a reporting form. Under MCA 15-7-305, "An instrument or deed evidencing a transfer of real estate may not be accepted for recordation until the certificate has been received by the county clerk and recorder." The Department of Revenue's instructions say the Realty Transfer Certificate (Form RTC) "must be filed with the County Clerk and Recorder at the same time the deed is filed for recordation." Failing to file the certificate does not affect the validity of the deed between the parties.

The certificate is a report, not a tax, and it applies to gifts and family transfers too. MCA 15-7-307 states: "The certificate required by this part applies to all transfers." What changes for a gift or family deed is that the sale price need not be disclosed. The exceptions from sale-price disclosure in 15-7-307 include:

• a transfer of a gift;
• a transfer between husband and wife or parent and child with only nominal actual consideration;
• an instrument that transfers to the same party or parties;
• an instrument that confirms or corrects a recorded instrument without added consideration;
• a transfer by court decree, a transfer from a decedent's estate, and a transfer in contemplation of death.

Part 5 of the form lets the filer check the exception that applies. The grantor and grantee names must match the deed exactly, and the form asks for the last four digits of each owner's Social Security number or federal employer identification number. It also asks whether the property has been or will be the parties' principal residence, meaning occupied at least seven months. The form also carries a water right disclosure (Part 7): if the land has water rights on record with the Department of Natural Resources and Conservation, the seller completes the disclosure, and the water right ownership update form must be part of or attached to the certificate (MCA 15-7-305(3)(b)). Where water rights are divided or severed, the form warns that failing to file the required update form and fee may result in a penalty of up to $75 against the buyer. The form warns: "Failing to file an accurate and complete form may result in a $500 penalty, six months" in jail, or both (MCA 15-7-310). The current version of the Form RTC is V4 12/2025.

Property tax after a Montana quitclaim deed

A quitclaim can end the homestead reduced tax rate. Under MCA 15-6-405(2)(c), enacted in 2025 (Ch. 767, L. 2025), "Once approved, the homestead reduced tax rate remains effective until the end of the tax year in which any of the following events occur: (i) there is a change in ownership of the property." The new owner must apply. Applications began with tax year 2026 and are filed between December 1 and March 1.

A trustee of a grantor's revocable trust may apply on behalf of the trust if the home is the grantor's principal residence; other class four residential property owned by an entity is not eligible. Whether adding a co-owner counts as a change in ownership is not spelled out in 15-6-405, so ask the Department of Revenue before you record a deed to someone else.

Montana revalues residential property on a cycle: under MCA 15-7-111, "all real property and all property within class three, class four, and class ten must be revalued every 2 years." That section does not tie revaluation to a transfer. When the Realty Transfer Certificate is complete, the Department of Revenue updates its ownership record (MCA 15-7-304).

Mortgages and quitclaim deeds

A Montana quitclaim conveys the grantor's interest in the land and does not change who owes 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, 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 secured by 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 Montana

Montana's general forgery statute covers forged deeds. MCA 45-6-325, amended in 2025, reaches a document "by which any right, obligation, or power with reference to any person or property may be created, transferred, altered, or terminated." Forgery is punishable by a fine of up to $1,500, up to 6 months in jail, or both; if it is part of a common scheme or the value involved exceeds $1,500, the penalty rises to a fine of up to $50,000, up to 20 years in prison, or both.

The FBI's Internet Crime Complaint Center has warned about impersonators using fictitious deeds to sell vacant land. It 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 clerk and recorder whether it offers such an alert.

Transfer on death deed: an alternative to a quitclaim

Montana authorizes a transfer on death deed under its Uniform Real Property Transfer on Death Act (MCA 72-6-401 to 72-6-418, enacted 2019). MCA 72-6-404 provides: "An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed." Unlike a quitclaim, it passes nothing until the owner dies, and the owner can revoke it (72-6-405).

The deed must have the formalities of a recordable deed, state that the transfer occurs at death, and be recorded with the county clerk and recorder before the owner's death (72-6-408). Notice, delivery, acceptance and consideration are not required (72-6-409), and the act includes an optional statutory form (72-6-415). According to the Department of Revenue, no Realty Transfer Certificate is needed when the transfer on death deed is recorded; the beneficiary files one after the owner's death, with the death certificate. For estates more broadly, see our guide to Montana probate.

Common myths about Montana quitclaim deeds

• "The deed is not valid until it is recorded." An unrecorded instrument is valid between the parties and those with notice of it (MCA 70-21-102); it is void only against a later good-faith purchaser or encumbrancer for value who records first (70-21-304).
• "A gift deed needs no paperwork." The Realty Transfer Certificate "applies to all transfers" (MCA 15-7-307), gifts included; a gift only excuses disclosing a sale price.
• "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
• Montana property records
• Quitclaim vs. warranty deeds
• Montana divorce laws
• Montana probate

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

Last updated: 2026-10-10.

Frequently Asked Questions

How do I file a quitclaim deed in Montana?

The grantor signs a written deed (MCA 70-20-101) and acknowledges it before a notary (MCA 70-21-203). It is recorded with the county clerk and recorder of the county where the property lies (MCA 70-21-208), together with a completed Realty Transfer Certificate, without which the clerk may not accept the deed (MCA 15-7-305).

Does a quitclaim deed need to be notarized in Montana?

To be recorded, yes: MCA 70-21-203 requires the deed to be acknowledged, or proved by a subscribing witness or under 1-5-302 and 1-5-303 with that proof notarized, before it can be recorded. An acknowledged deed needs no witnesses.

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

MCA 7-4-2637 sets $20 for the first page and $10 for each additional page of a standard document, plus $10 if the deed does not meet the format standards in 7-4-2636. From July 1, 2027 the figure is adjusted every two years for inflation, so confirm it with your county clerk and recorder.

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

No. Montana's Constitution bars the state and any local government from imposing a tax on the sale or transfer of real property (Mont. Const. Art. VIII, sec. 17). You must still file a Realty Transfer Certificate with the deed (MCA 15-7-305); for a gift or a nominal-consideration transfer between spouses or parent and child, the sale price need not be disclosed (MCA 15-7-307).

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

For a married person's homestead, yes: MCA 70-32-301 requires the deed to be executed and acknowledged by both spouses. Montana homesteads are established by a recorded declaration (MCA 70-32-105); whether the rule reaches a home with no declaration is a question for a lawyer.

Does a quitclaim deed remove me from the mortgage?

No. A deed conveys the grantor's interest in the land; 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.

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

Between the parties and those with notice, yes (MCA 70-21-102). It is void against a later good-faith purchaser or encumbrancer for value whose conveyance is recorded first (MCA 70-21-304).

Will a quitclaim deed affect my Montana homestead tax rate?

It can. Under MCA 15-6-405(2)(c), the homestead reduced tax rate stays in effect only until the end of the tax year in which the property changes ownership, and the new owner must apply.

Can I use a transfer on death deed in Montana instead?

Yes. Montana's Uniform Real Property Transfer on Death Act (MCA 72-6-401 to 72-6-418) lets an owner name beneficiaries who take at death; the deed must be recorded with the county clerk and recorder before the owner dies (MCA 72-6-408) and can be revoked (72-6-405).