South Carolina Quitclaim Deed: Witnesses, Recording and Deed Fees

South Carolina has no separate statutory "quitclaim deed." The Code mentions the quitclaim alongside the "non-warranty deed" (S.C. Code § 30-5-35), and § 27-7-20 confirms that no one is obliged to put a warranty clause in a deed. What makes a quitclaim count here is execution and recording: the Code's deed form is valid when executed in the presence of and subscribed by two or more credible witnesses (§ 27-7-10), and to be recorded the deed must either be proved by a subscribing witness's affidavit or be acknowledged by the grantor in the presence of two witnesses before an officer competent to administer an oath (§ 30-5-30).

The deed is then recorded in the county where the land lies, with the register of deeds or, in counties without a separate register, the clerk of court (§§ 30-5-10, 30-7-10). A deed recording fee of $1.85 per $500 of value applies unless one of the exemptions in § 12-24-40 fits, and an affidavit of value or of the exemption reason goes with the deed. 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 South Carolina's deed execution and recording statutes (Title 27, Chapter 7 and Title 30, Chapters 5, 6 and 7 of the South Carolina Code), the deed recording fee in Title 12, Chapter 24, the uniform recording filing fee in § 8-21-310, property reappraisal on transfer under § 12-37-3150, and the federal mortgage and gift-tax rules that apply in every state. It does not cover title insurance, lender underwriting, county fee add-ons or format rules beyond what is stated here, federal income tax, or any other state's law.

What a quitclaim deed is in South Carolina

South Carolina's Code does not define a quitclaim deed as its own instrument. The word appears in two places: § 30-5-35, which says "a derivation clause is not required on a quitclaim or non-warranty deed of real property," and § 12-24-40(12), which exempts some quitclaim deeds from the deed recording fee (covered below).

The only deed form written into the Code is the "release" form in § 27-7-10, which includes a warranty clause. Section 27-7-20 makes that clause optional:

"Section 27-7-10 shall be so construed as not to oblige any person to insert the clause of warranty or to restrain him from inserting any other clause in conveyances, as may be deemed proper and advisable by the purchaser and seller, or to invalidate the forms formerly in use within this State." S.C. Code § 27-7-20

No South Carolina statute cited here says what a quitclaim deed conveys. What the Code does show is that a deed without a warranty is permitted, and that the legislature groups the quitclaim with the non-warranty deed. Anyone who wants promises about the title needs a deed that contains them; our guide to quitclaim vs. warranty deeds explains the difference.

No state-published quitclaim deed form is cited here. A South Carolina lawyer can prepare a deed, and the register of deeds cannot give legal advice.

Signing, witnesses and notarization

Section 27-7-10 says its deed form is valid to carry the fee simple "if it shall be executed in the presence of and be subscribed by two or more credible witnesses." Section 30-5-30 then sets out what the register needs before the deed can be recorded.

Section 30-5-30(B) reads: "A deed or other instrument must be signed by the grantor, mortgagor, vendor, or lessor and the signing must be acknowledged by the grantor, mortgagor, vendor, or lessor in the presence of two witnesses, taken before some officer within this State competent to administer an oath."

The derivation-clause and grantee-address rules in § 30-5-35 are regulatory. Under § 30-5-35(c), recording a deed that breaks them does not affect the legality, force, effect or record notice of the instrument.

Title 30, Chapters 5 and 7 set no statewide page-size, margin or font standard; ask your register whether a preparer's name is required on a deed. Counties publish their own requirements, so check with your register of deeds before you file.

Does a spouse need to sign?

South Carolina abolished dower in 1985. Act No. 120 of 1985 (S.199) provides: "Tenancy by curtesy, dower, and jointure are abolished in this State." That act also repealed Articles 3 through 11 of Chapter 5 of Title 21.

Whether any other rule requires a spouse who is not on title to sign a deed of a marital home is a question for a South Carolina lawyer. If you are married and the property is your residence, ask a South Carolina lawyer before you sign.

Recording with the register of deeds

Record the deed in the county where the property is located, with the register of deeds or, in counties without a separate register, the clerk of court, who performs the register's duties there (§§ 30-5-10, 30-7-10). Recording is what protects the new owner against people who deal with the property later. Under § 30-7-10, a deed is valid "so as to affect the rights of subsequent creditors (whether lien creditors or simple contract creditors), or purchasers for valuable consideration without notice, only from the day and hour when they are recorded." A later purchaser or lien creditor without notice must also record its own instrument to claim this protection, and priority between them is determined by the time of filing for record (§ 30-7-10).

Possession of the land is not a substitute for recording. Section 30-7-90 provides:

"No possession of real property described in any instrument of writing required by law to be recorded shall operate as notice of such instrument. Actual notice shall be deemed and held sufficient to supply the place of registration only when such notice is of the instrument itself or of its nature and purport." S.C. Code § 30-7-90

The register records documents in the order they are lodged. Under § 30-5-90, as amended by 2022 Act No. 213, "Every such writing shall be recorded within thirty days after its lodgment and the recording shall bear even date with the lodgment."

To look up what is already on record for a property, see our guide to South Carolina property records.

Recording fees

State law sets a uniform filing fee of $15 for recording a deed to real estate (§ 8-21-310(A)(1)). The clerk of court, register of deeds or county treasurer collects it, as the county decides. This filing fee is separate from the deed recording fee in Title 12, Chapter 24 described below. This page does not reproduce any county's full fee schedule, so confirm the total with your register before filing.

Electronic recording

South Carolina adopted the Uniform Real Property Electronic Recording Act (Title 30, Chapter 6; 2008 Act No. 210, effective May 13, 2008). Under that chapter, "If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this chapter." Whether your county accepts electronic recording is up to that county.

The deed recording fee (South Carolina's transfer tax)

South Carolina charges a deed recording fee on the value of the property conveyed. Under § 12-24-10, "The fee is one dollar eighty-five cents for each five hundred dollars, or fractional part of five hundred dollars, of the realty's value as determined by Section 12-24-30." As of 2026-10-08, § 12-24-90 splits that $1.85 into a state fee of $1.30 and a county fee of $0.55 for each $500 or fractional part.

"Value" generally means the consideration paid or to be paid for the property in money or money's worth (§ 12-24-30). Consideration is broader than cash: it includes "the forgiveness or cancellation of a debt, the assumption of a debt, and the surrendering of a right." But § 12-24-30(B) allows a deduction for any lien or encumbrance that was on the property before the transfer and remains on it afterward. In the Department of Revenue's example, a transfer for $1,000 plus the assumption of an existing $81,000 mortgage has a value of $1,000 (SC Revenue Ruling #24-1). For realty transferred between a corporation, partnership or other entity and its own stockholder, partner or owner, and for transfers to a trust or distributions to a trust beneficiary, value is the property's fair market value (§ 12-24-30(A)).

The grantor is liable for the fee, jointly and severally, and the grantee is secondarily liable (§ 12-24-20(A)). The county's share is the $0.55 built into the statutory fee (§ 12-24-90(A)(2)); Chapter 24 imposes no separate county or city transfer tax.

Exemptions that can fit a quitclaim

Section 12-24-40 lists 15 exemptions. Those most likely to come up when a quitclaim is used include:

• Item (1): realty whose value under § 12-24-30 "is equal to or less than one hundred dollars."
• Item (4): transfers "in which no gain or loss is recognized by reason of Section 1041 of the Internal Revenue Code" (the federal rule for property transfers between spouses and incident to divorce).
• Item (5): a partition, where no consideration is paid beyond the interests exchanged.
• Item (8): a transfer to a corporation, partnership or trust by a person who is, or will become, a stockholder, partner or trust beneficiary, with no consideration other than the stock or interest.
• Item (9): a transfer from a family partnership to a partner, or from a family trust to a beneficiary, with no consideration other than a reduction in interest.
• Item (12): a deed that constitutes "a corrective deed or a quitclaim deed used to confirm title already vested in the grantee, as long as no consideration is paid or is to be paid under the corrective or quitclaim deed."
• Item (13): a deed in lieu of foreclosure, or a foreclosure deed, to the mortgagee.

The other items cover transfers to government bodies, transfers otherwise exempt under state or federal law or the Constitution, cemetery grave spaces, timber contracts, corporate and partnership mergers, agent-to-principal transfers and certain electric transmission facilities.

Item (12) is narrow. It does not exempt every quitclaim; it covers a quitclaim that confirms title the grantee already holds, given for no consideration. A quitclaim that moves ownership to someone new has to fit another item or pay the fee.

Gifts. Section 12-24-40 has no item labeled for gifts, but the Department of Revenue's SC Revenue Ruling #24-1 says deeds that transfer realty "from one individual to another individual as a gift (no consideration paid of any kind) are exempt from the deed recording fee under Code Section 12-24-40(1)." A deed to a family member other than a spouse is otherwise taxed on the consideration paid unless another item applies, and the ruling lists a transfer to a sister "in exchange for paying off the mortgage on the realty" as subject to the fee.

Divorce. A transfer between spouses or incident to divorce is exempt under item (4) only where no gain or loss is recognized under Internal Revenue Code § 1041. For the divorce process itself, see our guide to South Carolina divorce laws.

Estates. A deed of distribution to the distributee of a decedent's estate under § 62-3-907, and a trust-to-distributee deed on the settlor's death that would otherwise be a deed of distribution, is "not a deed subject to this chapter" (§ 12-24-10(B)) and needs no affidavit (§ 12-24-70(D)).

The affidavit that goes with the deed

Under § 12-24-70, "The clerk of court or register of deeds shall require an affidavit showing the value of the realty to be filed with a deed," unless the register waives it. The affidavit shows either the value or the reason the transfer is exempt, so a quitclaim that owes no fee still needs one.

The Department of Revenue publishes two sample "Affidavit for Taxable or Exempt Transfers" forms with SC Information Letter #17-13 (August 28, 2017). "The first affidavit may be used for either taxable transfers or exempt transfers. The second affidavit may be used only for exempt transfers." Local officials may require more information. A responsible person connected with the transaction signs the affidavit before a notary, and wilfully furnishing a false or fraudulent affidavit is a misdemeanor punishable by a fine of up to $1,000, imprisonment of up to one year, or both (§ 12-24-70(C)). Older "arm's length transaction" affidavits are no longer valid.

Property tax after a quitclaim

A deed can change the property's assessed value. Under § 12-37-3150(A)(1), a conveyance by deed is an assessable transfer of interest that triggers reappraisal, and "An assessable transfer of interest resulting in the appraisal required pursuant to this article occurs at the time of execution of the instruments directly resulting in the transfer of interest and without regard as to whether or not the applicable instruments are recorded."

Section 12-37-3150(B) lists transfers that are not assessable, including:

• transfers in which no gain or loss is recognized under Internal Revenue Code § 1041 (spouses and divorce);
• a conveyance to a trust where the settlor or the settlor's spouse is the sole present beneficiary;
• creating or ending a joint tenancy where the grantors and grantees are the same people;
• a deed to quiet and confirm title in the existing owners;
• a transfer of a fractional interest between family members (spouse, parent, brother, sister, child, grandparent or grandchild) for zero or de minimis consideration, where both already owned an interest;
• transfers of undivided fractional interests totaling not more than 50 percent of the title, counting related transfers within a 25-year period; and
• the portion of a property subject to a retained life estate.

The list does not include a general exclusion for a lifetime deed from a parent to a child. Section 12-37-3150 carves out a conveyance to a trust whose sole present beneficiaries are the settlor's children (for property taxed at the 4 percent ratio), and an inheritance by will or intestacy in limited cases. A later conveyance by the child is not exempt, as § 12-37-3150(A)(3)(b) puts it: "a subsequent conveyance of this real property by the beneficiary child or children is not exempt from the provisions of this section."

Property-tax exemptions also stop at a change of ownership. The South Carolina Department of Revenue says exemptions do not expire "unless: There is a change in the status or ownership of previously exempted property. For example: the deed on real estate is transferred. an owner of real or personal property is added or removed." A new owner applies again: the 4 percent legal-residence ratio with the county assessor, and the homestead exemption for owners who are 65 or older, disabled or blind (the first $50,000 of fair market value, § 12-37-250) with the county auditor, by written application before July 16 of the tax year. The Department of Revenue says that for tax year 2026 the State temporarily authorized an additional homestead exemption for certain qualifying recipients, which the county auditor administers.

A quitclaim deed does not change the mortgage

A deed changes who owns the property. It does not change who owes the loan. A borrower is released only by the lender: under 12 CFR 191.5(b)(4), when the lender and the new owner agree in writing, before the transfer, that the new owner will be obligated on the loan, "a lender shall release the existing borrower from all obligations under the loan instruments."

If the mortgage has a due-on-sale clause, federal law limits a lender's use of it for certain transfers of residential real property with fewer than five dwelling units (12 U.S.C. § 1701j-3(d)), including a transfer where the borrower's spouse or children become owners and a transfer on the death of a joint tenant. The regulation, 12 CFR 191.5(b), applies these limits to a loan on a home the borrower occupies or will occupy. It protects a transfer to a spouse or child, or a transfer under a divorce decree, legal separation agreement or property settlement, only where the new owner occupies or will occupy the home, and a transfer into a living trust only where the borrower "is and remains the beneficiary and occupant of the property," unless the borrower refuses to give the lender reasonable means of getting timely notice of a later transfer or change in occupancy (12 CFR 191.5(b)(1)(vi)). A lender keeps the right to enforce the clause if a later event disqualifies the transfer (12 CFR 191.5(b)(5)). A transfer to a sibling, friend or business is not on the list. Read the loan documents and talk to the loan servicer before signing.

Federal gift tax

A deed given for less than full value 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 donor is generally responsible for paying any gift tax, and the recipient's basis in gifted property is generally the same as the donor's. A tax professional can explain how this applies to a particular gift.

Deed fraud protection

South Carolina has no statewide property fraud alert law. H.4724 (2025-2026 session) would add § 30-5-25 to "REQUIRE EACH COUNTY REGISTER OF DEEDS TO IMPLEMENT AND MAINTAIN A PROPERTY RECORDING NOTIFICATION SYSTEM"; the bill had been introduced on January 13, 2026 and referred to the House Judiciary Committee, with no further action before the 2026 regular session ended.

Some registers already offer an alert service on their own. Aiken County's Register of Deeds page links to a "Recording Alert System." That is one county's service, not a statewide program, so ask your own register whether it offers one. The FBI's Internet Crime Complaint Center advises property owners to check whether their county recording office offers a notification service that sends an email or text when a document is recorded in their name.

Transfer-on-death deeds and other alternatives

No South Carolina statute provides a transfer-on-death deed for real estate. The Code's transfer-on-death provision, § 62-6-401, covers only titled personal property such as vehicles, mobile homes, watercraft and outboard motors. Two bills were referred to committee in the 2025-2026 session and saw no further action before the 2026 regular session ended: S.49, which would add § 27-1-80 "TO ESTABLISH A TRANSFER ON DEATH FOR REAL PROPERTY" (referred to Senate Judiciary on January 14, 2025), and H.4264, the "South Carolina Enhanced Life Estate Deed Act" (referred to House Judiciary on March 27, 2025).

For property of an owner who has died, see our guide to South Carolina probate. When the new owner wants assurances about the title, a deed with a warranty clause under § 27-7-10 is the alternative to a quitclaim.

Common misconceptions

• "An unrecorded deed is not valid." Section 30-7-10 makes an unrecorded deed ineffective against later creditors and purchasers for value without notice, from the day and hour of recording. Actual notice of the instrument itself can substitute for recording (§ 30-7-90).
• "A quitclaim never owes the deed recording fee." Only a quitclaim that confirms title already vested in the grantee, for no consideration, is expressly exempt (§ 12-24-40(12)). Other deeds need another exemption; the Department of Revenue treats a true gift as exempt under item (1), but consideration such as paying off the grantor's mortgage is taxed.
• "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
• South Carolina property records
• Quitclaim vs. warranty deed
• South Carolina divorce laws
• South Carolina probate

Disclaimer: This article provides general legal information about South Carolina quitclaim deeds under Titles 8, 12, 27 and 30 of the South Carolina Code and the federal rules noted, verified on 2026-10-08. It is not legal or tax advice. For your situation, contact your county register of deeds (who cannot give legal advice), a legal aid office, or a lawyer licensed in South Carolina.

Last updated: 2026-10-08.

Frequently Asked Questions

How do I file a quitclaim deed in South Carolina?

Have the grantor sign with two witnesses and either acknowledge the signature before an officer competent to administer an oath or have a subscribing witness prove it by affidavit (§ 30-5-30). Then record it with the register of deeds (or clerk of court) in the county where the land lies, with the affidavit of value or exemption required by § 12-24-70.

Does a quitclaim deed need to be notarized in South Carolina?

To be recorded, the deed must be acknowledged by the grantor in the presence of two witnesses before an officer competent to administer an oath, such as a notary, or proved by a subscribing witness's affidavit before an officer authorized to administer oaths (§ 30-5-30).

How many witnesses does a South Carolina deed need?

The statutory deed form is valid when executed in the presence of and subscribed by two or more credible witnesses (§ 27-7-10), and the acknowledgment route for recording also requires two witnesses (§ 30-5-30(B)).

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

State law sets a $15 filing fee for a deed (§ 8-21-310(A)(1)). As of 2026-10-08, the deed recording fee is $1.85 per $500 of value unless an exemption in § 12-24-40 applies; confirm the total with your county register.

Do you pay the deed recording fee on a quitclaim deed in South Carolina?

Not if an exemption fits. A quitclaim used to confirm title already vested in the grantee, with no consideration, is exempt under § 12-24-40(12); other quitclaims need another listed exemption or pay $1.85 per $500 of value, and the affidavit is still filed.

Is a quitclaim deed from a parent to a child taxed in South Carolina?

Not if it is a true gift. The Department of Revenue's SC Revenue Ruling #24-1 says a deed from one individual to another as a gift, with no consideration of any kind, is exempt from the deed recording fee under § 12-24-40(1). If the child pays anything, including paying off the mortgage on the property, the fee applies to that consideration unless another exemption fits, and the affidavit is still filed.

Does a quitclaim deed remove me from the mortgage?

No. The deed changes ownership, not the loan; under 12 CFR 191.5(b)(4), a borrower is released when the lender and the new owner agree in writing, before the transfer, that the new owner will be obligated on the loan.

Does South Carolina have a transfer-on-death deed?

Not for real estate; § 62-6-401 covers only titled personal property such as vehicles and watercraft. Bills S.49 and H.4264 were referred to committee in the 2025-2026 session and saw no further action before the 2026 regular session ended.