North Dakota Quitclaim Deed: Requirements, Recording and Filing

North Dakota has no quitclaim-only deed form, but the Century Code recognizes the quitclaim deed by name and treats it as an ordinary conveyance: it must be in writing and signed by the owner (N.D.C.C. 47-10-01), acknowledged before a notary or other authorized officer to be recorded (47-19-03), and recorded with the recorder of the county where the land lies (47-19-07). Before the recorder will accept it, the deed also needs the grantee's address, a consideration or exemption statement (a quitclaim is itself an exemption) and the county auditor's transfer certificate. 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 North Dakota law on quitclaim deeds: the grant statutes in N.D.C.C. chapter 47-10, the recording statutes in chapter 47-19, the county recorder and auditor rules in chapter 11-18, the homestead conveyance rule in 47-18-05, the property tax credits that affect a home, and the transfer on death deed in chapter 30.1-32.1, 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 charges beyond the statutory recording fees, or other states' laws.

What a quitclaim deed does in North Dakota

A quitclaim deed passes whatever interest the grantor has, without promising that the grantor owns anything. North Dakota does not define the term or give a quitclaim-specific form. Section 47-10-06 says a grant "may be made in substance as follows" and sets out a general grant form, but that form is permissive and is not limited to quitclaims.

The Century Code names the quitclaim in three places. Section 47-10-15 deals with after-acquired title, 47-19-41 deals with recording priority, and 11-18-02.2(6)(h) exempts a quitclaim deed from the dollar-figure consideration statement.

After-acquired title and the word "grant"

Under 47-10-15, "A quitclaim deed that includes the word 'grant' in the words of conveyance, regardless of the words used to describe the interest in the real property being conveyed by the grantor, passes after-acquired title." The same section says using a quitclaim deed "does not create any defect in the title of a person that conveys real property."

The word "grant" also matters for covenants. Under 47-10-19, when "grant" is used in a conveyance passing a fee simple estate, two covenants, "and none other," are implied unless the deed's express terms restrain them: that the grantor has not already conveyed the same estate, and that the estate is free from encumbrances made or suffered by the grantor. A grant is presumed to pass a fee simple unless a lesser estate appears from it (47-10-13). How these rules apply to a particular quitclaim depends on its wording, which is a question for a North Dakota lawyer.

None of this is a warranty of title against everyone else. For how a full warranty deed compares, see quitclaim vs. warranty deeds.

No state agency publishes a fill-in quitclaim deed. The county recorder can explain recording requirements but cannot give legal advice, and a lawyer licensed in North Dakota can prepare the deed.

North Dakota quitclaim deed requirements

Acknowledgment and witnesses

Under 47-19-03, "Before an instrument can be recorded," its execution must be established, and "If executed by an individual," that is done "by acknowledgment by the person executing the same." Section 47-19-27 sets out a general certificate of acknowledgment for the officer to complete.

Witnesses are not needed for an acknowledged deed. Section 47-10-05 provides that a grant that "is not acknowledged" must, to be recorded, "be proved by a subscribing witness or as otherwise provided in sections 47-19-23 and 47-19-24."

Grantee address and legal description

Under 47-19-05, "No deed in which real estate is described shall be received for record by any recorder in this state if the post-office address, and any known or existing street address if within the corporate boundaries of a city, of each grantee named in such deed is not shown." A missing address does not defeat constructive notice once the deed is of record.

The recorder must also find the legal description adequate: "Each real estate instrument must have a legal description considered to be adequate by the recorder before such instrument will be accepted for recording" (11-18-05). If the deed uses a metes and bounds description, 47-19-03.1 requires the name and address of the person who drafted that description, or a statement that it was obtained from a previously recorded instrument. That rule does not apply to instruments executed before January 1, 2000, or executed or acknowledged outside North Dakota.

Formatting rules

Section 11-18-05(1) sets the format:

• a page is one side of a single legal-size sheet no larger than 8.5 by 14 inches;
• text must be legible and, unless the form was issued by a government agency, at least ten-point Calibri;
• "A space of at least three inches [7.62 centimeters] must be provided across the top of the first page of each instrument for the recorder's recording information"; without it, the recorder adds a page and charges for it;
• a one-inch top, bottom or side margin on each page for computerized recording labels, or an extra $10 fee.

The consideration statement and the auditor's certificate

North Dakota has two filing steps that many other states do not. Both happen before the deed is recorded.

Statement of full consideration or exemption

Under 11-18-02.2, the grantee or the grantee's agent who presents a deed must certify on the face of the deed either the full consideration paid or an exemption under subsection 6 that the grantee believes applies. The recorder may not record a deed without it.

A quitclaim is on the exemption list: "All transfer of ownership of property for which is given a quitclaim deed" (11-18-02.2(6)(h)). The list also covers a sale when the grantor and grantee are of the same family or corporate affiliate (6(c)), a sale that resulted as a settlement of an estate (6(d)), and, since 2025 Senate Bill 2152, agricultural land of less than eighty acres (6(j)). The State Board of Equalization prescribes the forms (11-18-02.2(4)).

County practice controls the wording. The Cass County Recorder posts sample statements, says that effective August 1, 2025 only one of two statements will be accepted, and tells filers to "Pick the appropriate statement and type it on your deed." Ask your own county recorder which wording it accepts.

County auditor's certificate

Under 11-18-02, the recorder "shall refuse to receive or record any deed" or other instrument that changes the current property description "unless there is entered thereon a certificate of the county auditor showing that a transfer of the lands described therein has been entered and that the delinquent and current taxes and delinquent and current special assessments against the land described in such instrument have been paid." The same section bars recording a deed while the county auditor has determined there is an unsatisfied lien for the homestead special assessment credit under 57-02-08.3, so ask the auditor about any such lien first. Section 11-18-03 lists exceptions, including personal representative's deeds and transfer on death deeds.

In practice, take the deed to the county auditor before the recorder, and expect the auditor to check that property taxes and special assessments are paid.

Does a spouse have to sign a North Dakota quitclaim deed?

For a homestead, yes. Under 47-18-05, "The homestead of a married person, without regard to the value thereof, cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered is executed and acknowledged by both the husband and wife." A deed of the family home by a married owner therefore needs both spouses' signatures and acknowledgments.

Section 47-18-05 does not say whether the rule reaches a home titled in only one spouse's name, or what applies to property that is not a homestead, such as a rental or vacant land. Ask a North Dakota lawyer before recording that kind of deed.

Adding a spouse or another person to the title

An owner does not need a straw party to create a joint tenancy. Under 47-10-23, an owner "may sell, transfer, and convey the same as grantor to the grantor and any other person, firm, corporation, or limited liability company, including the spouse of said grantor, in joint tenancy, with right of survivorship, without the necessity of any transfer or conveyance to or through any third person."

A transfer between spouses during life also carries a legal presumption. Under 47-10-23.1, a nontestamentary transfer between spouses is conclusively presumed to be for consideration, not a gift, unless the parties state otherwise in writing at the time of the transfer.

Recording a quitclaim deed with the county recorder

Under 47-19-07, "An instrument entitled to be recorded must be recorded by the recorder of the county in which the real property affected thereby is situated." Once recorded, the deed becomes part of the county land records; see our guide to North Dakota property records.

What recording does

Recording protects the new owner against later buyers and creditors. Under 47-19-41, "An unrecorded conveyance of real estate is void as against any subsequent purchaser in good faith, and for a valuable consideration, of the same real estate or any part of the same real estate, regardless of whether recorded in the form of a warranty deed or deed of quitclaim and release or the form in common use first is recorded or as against an attachment on the property or judgment, against the owner of record, before the recording of the conveyance."

Under 47-19-46, "An unrecorded instrument is valid as between the parties thereto and those who have notice thereof." The risk is a later good-faith buyer for value, or a creditor of the record owner, who gets ahead of the unrecorded deed, so record a quitclaim promptly.

Recording fees

North Dakota sets the recording fee by statute, and the recorder "shall charge and collect" it. Under 11-18-05(1)(a), the fee for "Deeds, mortgages, and all other instruments not specifically provided for in this subsection" is "twenty dollars for documents containing one to six pages and sixty-five dollars for documents containing more than six pages plus three dollars for each additional page after the first twenty-five pages."

Other charges can apply: $1 for each additional section of land when more than ten sections are listed, $10 if the one-inch label margin is missing, and extra page charges if the three-inch top space is missing. Certified copies cost $5 for the first page and $2 for each additional page (11-18-05(3)).

Ask the county recorder whether it accepts electronic recording and how it takes payment.

Is there a transfer tax on a quitclaim deed in North Dakota?

North Dakota has no real estate transfer tax. The state constitution bars it: "The state and any county, township, city, or any other political subdivision of the state may not impose any mortgage taxes or any sales or transfer taxes on the mortgage or transfer of real property" (N.D. Const. art. X, s. 27). Consistent with that, the state's tax title, Title 57 of the Century Code, has no chapter imposing a real estate transfer tax, documentary stamp tax or excise on deeds. Its chapters cover property assessment and collection, income, sales and use, specific excises, estate tax and energy production taxes.

What a North Dakota deed faces instead is the recording fee, the consideration or exemption statement and the auditor's tax-paid certificate described above.

Property tax after a quitclaim in North Dakota

Under 57-02-27.1, "All assessors and boards of equalization shall place the values of all items of taxable property at the true and full value of the property except as otherwise specifically provided by law." The section ties value to the property, not to a sale price.

Two credits depend on who owns and lives in the home, so a deed can matter:

• Primary Residence Credit. The Office of State Tax Commissioner says, "To be eligible for the credit, you must own a home (house, mobile home, town home, duplex, or condo) in North Dakota and reside in it as your primary residence. Homes held in trusts also qualify." Owners "who qualify through an approved application may receive up to $1,600 against their property tax obligation." It is one credit per household, and the commissioner takes applications online from January 1 to April 1 each year.
• Homestead credit. Section 57-02-08.1 reduces the taxable valuation of the homestead of a person who is 65 or older or permanently and totally disabled, within income limits. It shares the credit among co-owners: "Persons residing together, who are not spouses or dependents, who are co-owners of the property are each entitled to a percentage of a full exemption under this subsection equal to their ownership interests in the property."

Neither source says what a deed does to an existing credit. Ask the Office of State Tax Commissioner or your county tax office before you deed a home out of the name of the person who claims it.

Mortgages and quitclaim deeds

North Dakota'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 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 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 North Dakota

Many North Dakota county recorders offer a free alert when a document is recorded in your name. The Morton County Recorder describes a Document Fraud Alert system: "This service is free of charge. If you own land in another county you will have to register for that county also. This is available for 50 of the 53 counties in ND." Morton County lists a help line, 800-728-3858, run by Fidlar Technologies. An alert means a document was recorded, not that fraud happened.

The FBI's Internet Crime Complaint Center gives the same advice nationally: "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).

Transfer on death deeds as an alternative

If the goal is to pass a home at death rather than now, North Dakota authorizes a transfer on death deed under the Uniform Real Property Transfer on Death Act, N.D.C.C. chapter 30.1-32.1. The deed must have the formalities of a recordable deed, state that the transfer occurs at death, use "transfer on death deed" or "TOD" in its title, and "must be recorded before the transferor's death in the public records in the office of the county recorder of the county where the property is located." It needs no consideration, notice, delivery or acceptance, and the owner can revoke it.

A TOD deed skips two of the steps a quitclaim needs: "An auditor's certificate of transfer under section 11-18-02 and a statement of full consideration under section 11-18-02.2 are not required to record a transfer on death deed or a revocation instrument" (30.1-32.1-06(5)). For what happens when an owner dies without one, see our guide to North Dakota probate.

Common myths about North Dakota quitclaim deeds

• "A quitclaim deed makes the title bad." The Century Code says the opposite: "The use of a quitclaim deed, with or without the inclusion of after-acquired title in the deed, does not create any defect in the title of a person that conveys real property" (47-10-15).
• "A quitclaim is not valid until it is recorded." Section 47-19-41 makes an unrecorded conveyance void against a later good-faith purchaser for value and against an attachment or judgment against the record owner. It does not make the deed void between the parties.
• "A quitclaim needs no paperwork because there is no transfer tax." North Dakota has no transfer tax (N.D. Const. art. X, s. 27), but the deed still needs the consideration or exemption statement (11-18-02.2) and the auditor's certificate (11-18-02) before the recorder will take it.
• "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
• North Dakota property records
• Quitclaim vs. warranty deeds
• North Dakota probate
• South Dakota quitclaim deed

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

Last updated: 2026-10-10.

Frequently Asked Questions

How do I file a quitclaim deed in North Dakota?

Sign the deed and acknowledge it before a notary (N.D.C.C. 47-19-03), with the spouse joining if it conveys a married owner's homestead (47-18-05). Type the consideration or exemption statement on the deed (11-18-02.2), get the county auditor's certificate (11-18-02), and record it with the recorder of the county where the land lies (47-19-07).

Does a quitclaim deed need to be notarized in North Dakota?

To be recorded, an individual's execution must be established by acknowledgment (47-19-03), taken anywhere in North Dakota by a judge or clerk of the supreme court or a notary public (47-19-13), or within their own district by certain local officers such as a recorder or county auditor (47-19-14). A deed that is not acknowledged can be recorded only if a subscribing witness proves it or as 47-19-23 and 47-19-24 provide.

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

The statutory fee is $20 for a deed of one to six pages and $65 for more than six pages, plus $3 for each page after the first 25 (11-18-05). A missing one-inch label margin adds $10.

Do you pay transfer tax on a quitclaim deed in North Dakota?

No. North Dakota has no real estate transfer tax; the state constitution bars one (N.D. Const. art. X, s. 27). The deed still needs a consideration or exemption statement, and a quitclaim deed is one of the listed exemptions (11-18-02.2(6)(h)).

What is the full consideration statement on a North Dakota deed?

The grantee or agent must certify on the face of the deed either the full consideration paid or an exemption that applies, and the recorder may not record the deed without it (11-18-02.2). County recorders set the accepted wording, so check with your county.

Does my spouse have to sign a quitclaim deed in North Dakota?

If the property is the married owner's homestead, yes: it cannot be conveyed unless both spouses execute and acknowledge the deed (47-18-05). Ask a North Dakota lawyer about property that is not a homestead.

Does a quitclaim deed remove me from the mortgage?

No. Under 12 CFR 191.5(b)(4), a lender releases a borrower only when the lender and the new owner agree in writing, before the transfer, that the new owner is obligated on the loan.