Vermont Quitclaim Deed: Requirements, Recording and Transfer Tax

In Vermont, the deed people call a quitclaim deed follows the same rules as any other deed: under 27 V.S.A. § 341(a), it must be signed by the grantor, acknowledged before a notary public, and "recorded at length in the clerk’s office of the town in which the lands lie." Recording happens at the town (or city) clerk, and the clerk cannot record the deed unless a completed Vermont Property Transfer Tax Return, Form PTT-172, comes with it. 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 Vermont law on conveying land by deed: 27 V.S.A. chapter 5 (Conveyance of Real Estate), the homestead joinder rule in 27 V.S.A. § 141, the town clerk fee statute (32 V.S.A. § 1671), the property transfer tax in 32 V.S.A. chapter 231, the enhanced life estate deed in 27 V.S.A. chapter 6, and federal mortgage and gift-tax points that affect family transfers. It does not cover title insurance, a lender's own rules, the land gains tax beyond the return's exemption code, Act 250 permits, current use enrollment, or other states' laws.

Does Vermont law define a quitclaim deed?

No Vermont statute in 27 V.S.A. chapter 5, the chapter on conveying real estate, defines a quitclaim deed or sets out a short form for one. The chapter has no "form of deed" section at all. Section 301 simply provides that "Conveyance of land or of an estate or interest in land may be made by deed executed by a person duly authorized to convey it, or by the person’s attorney, and acknowledged and recorded as provided in this chapter."

So in Vermont the label matters less than what the deed says. A deed conveys "land or ... an estate or interest in land" (§ 301), and chapter 5 does not say what promises about title a quitclaim does or does not carry. Read the deed's own words to see whether it includes any warranty, and see quitclaim vs. warranty deeds for how the two kinds of deed generally differ.

The only statutory deed form in Vermont's conveyancing titles is the optional enhanced life estate deed form in 27 V.S.A. § 660, which is a different tool covered below. No state or town agency publishes a fill-in quitclaim deed. A town clerk can explain recording but is not a source of legal advice; a lawyer licensed in Vermont can prepare the deed.

Deeding to yourself and someone else

Vermont lets an owner convey to himself or herself together with others. Under 27 V.S.A. § 349(b), such a deed "shall be effective to convey such title as would be conveyed by the deed if the grantor were not also a grantee." That is how an owner can add a spouse, partner or child to title with one deed.

Vermont quitclaim deed requirements

Signing and notarizing

Section 341(a) reads: "Deeds and other conveyances of lands, or of an estate or interest in land, shall be signed by the party granting the same and acknowledged by the grantor before a notary public and recorded at length in the clerk’s office of the town in which the lands lie." The notarial acknowledgment is valid even without an official stamp. Section 341(d) makes a deed recordable if it was signed and acknowledged under the Secretary of State's Emergency Administrative Rules for Remote Notarial Acts during the period those rules were in effect; it does not itself authorize remote notarization, so ask the notary or the town clerk before relying on a remote acknowledgment.

Vermont repealed its witness section. 27 V.S.A. § 379 now reads "Repealed. 2017, No. 160 (Adj. Sess.), § 5, effective July 1, 2019," and § 341(a) asks only for the grantor's signature and a notary's acknowledgment. Nothing in chapter 5 requires subscribing witnesses on a deed.

Older defects can be cured by time. Under § 348(a), a recorded instrument with a defective acknowledgment, or one that is unwitnessed or unsealed, is cured after 15 years of record, and under § 348(b) an instrument with a defective acknowledgment is valid unless challenged within 3 years of recording.

Description and surveys

A deed needs a description that identifies the land, and Vermont adds survey rules in § 341(b). "A deed or other conveyance of land that includes a reference to a survey prepared or revised after July 1, 1988 may be recorded only if it is accompanied by the survey to which it refers, or cites the volume and page in the land records showing where the survey has previously been recorded." A conveyance after January 1, 2020 that subdivides a parcel or changes boundaries must come with a survey plat or cite where the new boundaries are recorded. Failing to comply does not void the deed or make title unmarketable.

Page format

Vermont's fee statute defines a recordable page as a single side of a leaf of paper. Under 32 V.S.A. § 1671(a), "The maximum covered area on a page shall be 7 1/2 inches by 14 inches. All letters shall be at least one-sixteenth inch in height or in at least eight-point type." Ask the town clerk about any local practice before you print the deed.

Does a spouse have to sign a Vermont quitclaim deed?

Often, yes. Vermont requires a spouse to join in two situations.

Homestead. Under 27 V.S.A. § 141(a), "A homestead or an interest therein shall not be conveyed by the owner thereof, if married, except by way of mortgage for the purchase money ... unless the wife or husband joins in the execution and acknowledgment of such conveyance." A conveyance made without that joinder is inoperative so far only as it relates to the homestead.

Tenancy by the entirety and homestead property. Under 27 V.S.A. § 349(a)(2), "A person shall not convey an interest in a tenancy by the entirety or in homestead property to any person except the person’s spouse, unless the spouse joins in the conveyance."

The exception is a deed between spouses. A spouse or civil union partner may convey his or her homestead interest to the other spouse or partner (§ 141(d); § 349(a)(1)(B)), and a conveyance of homestead property between spouses is deemed to include the homestead interest. If the deed is part of a divorce, see our guide to Vermont divorce laws.

Recording a quitclaim deed with the town clerk

Take the deed to the clerk of the town or city where the land lies; for land in an unorganized town, gore or grant, the county clerk records it (27 V.S.A. § 403). Vermont keeps its land records at the town level, which is where § 341(a) requires the deed to be "recorded at length." Under 27 V.S.A. § 402, a purchaser may also have the deed recorded by the county clerk. To search a town's land records, see our guide to Vermont property records.

What recording does

Recording is what makes the deed good against anyone other than the grantor's side. Under 27 V.S.A. § 342, a conveyance of land in fee simple or for life "shall not be effectual to hold such lands against any person but the grantor and his or her heirs, unless the deed or other conveyance is acknowledged and recorded."

An unrecorded quitclaim still binds the grantor and the grantor's heirs. To hold the land against everyone else, the deed must be both acknowledged and recorded.

Recording fees

Vermont sets town clerk fees by statute, so they are the same in every town. Under 32 V.S.A. § 1671(a)(6), "For the recording or filing, or both, of any document that is to become a matter of public record in the town clerk’s office, a fee of $15.00 per page shall be charged; for any certified copy of such document, a fee of $10.00 per page shall be charged; for the recording or filing, or both, of a property transfer return, a fee of $15.00 shall be charged."

Uncertified copies cost $1.00 per page, with a $2.00 minimum, and clerks may require fees in advance. Because the fee is per page, a longer deed costs more to record.

E-recording

Vermont adopted the Uniform Real Property Electronic Recording Act (27 V.S.A. §§ 621 to 626), effective July 1, 2022. A town clerk may accept electronic documents but, under § 624(b), one "who accepts electronic documents for recording shall continue to accept paper documents." Ask the town clerk whether that office accepts e-recording.

Vermont property transfer tax on a quitclaim deed

Vermont's property transfer tax, under 32 V.S.A. chapter 231, applies to a transfer of title by deed, whether or not money changes hands. The Department of Taxes describes it as "a tax on the transfer of title to real property in Vermont." It is a state tax paid to the Department of Taxes, not the town, and the Department's materials do not describe a separate town or county transfer tax.

Who pays. Under § 9604, "The tax imposed by this chapter upon any transfer of title to property is the liability of the transferee of the title, unless fixed otherwise by agreement of the parties." The Department says the tax is due within 30 days of closing.

Gifts are taxed on value. Under § 9601, the taxable value is, "in the case of a gift, or a transfer for nominal or no consideration, the fair market value of the property transferred." A quitclaim to a family member is tax free only if an exemption fits.

Rates

For a principal residence, the Department of Taxes says, "The General Tax Rate of 1.25% plus the Clean Water Surcharge of 0.22% (total 1.47%) applies to the value paid above $200,000." The rates were last changed by 2023 No. 181 (Adj. Sess.), effective August 1, 2024 for § 9602 and June 17, 2024 for § 9602a. 2026 No. 164 (H.933), signed June 18, 2026 and effective on passage, kept those rates but added § 9602(5): if a transfer avoids the 3.4% rate only through a landlord certificate with no bona fide landlord-tenant relationship, the Commissioner assesses the 3.4% rate, and may consider whether the transferee and tenant are related parties and whether the transferee charges fair market rent.

Exemptions that fit quitclaim deeds

Section 9603 lists exemptions; the ones that fit common quitclaim situations include:

The family exemption does not name siblings, in-laws other than a child's or grandchild's spouse, unmarried partners or friends, so a gift deed to one of them is taxed on fair market value unless another exemption applies. The divorce exemption covers transfers under a court judgment, so a deed between divorcing spouses that is not made under the judgment should be checked against the exemption list before recording. A transfer into a trust that benefits people outside the listed family members is not covered by § 9603(5).

Form PTT-172 and the land gains question

Every deed needs the return, exempt or not. The Department of Taxes says: "A town clerk cannot record any deed unless it is accompanied by a completed Property Transfer Tax Return." The return also carries the Act 250 compliance certificate that 32 V.S.A. § 9608(a) requires before a clerk may record the deed.

The return is Form PTT-172, filed through myVTax or, for a preparer who expects to file fewer than five returns a year, on paper. Form PTT-175 adds more transferors or transferees, and Form PTT-173 is the payment voucher for mailed payments. The Department posts these on its property transfer tax page.

Line E3 of the return asks for a land gains exemption code. Code 03 covers a "Transfer without consideration, such as a gift, devise, partition, or straw transfer by corrective deed," and with that code no separate Land Gains Tax return is required.

Flood disclosure

Vermont's flood disclosure statute, 27 V.S.A. § 380, applies to a seller "prior to or as part of a contract for the conveyance of real property." Noncompliance with it "shall not affect the marketability of title of a real property." Ask a Vermont lawyer whether it applies to a family gift made without a sales contract.

Property tax after a quitclaim in Vermont

Vermont taxes education property at homestead or nonhomestead rates, and homestead status is never automatic. The Department of Taxes says, "By Vermont law, property owners whose homes meet the definition of a Vermont homestead must file a Homestead Declaration annually by the April filing deadline," and "All property is considered nonhomestead, unless it is declared as a homestead."

After a quitclaim to someone who lives in the home, the new owner must file the Homestead Declaration for the property to be taxed at the homestead rate. Ask the town how the transfer affects the property's listing and any current use enrollment before you record.

Mortgages and quitclaim deeds

A deed changes title, not the loan. A quitclaim 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 "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 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 gift tax on a quitclaim to a family member

Deeding property away for nothing 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 article does not give tax advice.

Deed fraud protections in Vermont

Forging a deed is a serious crime in Vermont. Under 13 V.S.A. § 1801, a person who knowingly makes, alters, forges or counterfeits, or causes to be made, "a charter, deed, or any evidence or muniment of title to property," with intent to injure or defraud, faces up to 10 years' imprisonment.

Vermont also voids deeds meant to cheat creditors and others. Under 27 V.S.A. § 542, "Fraudulent and deceitful deeds, conveyances, and alienations of lands ... procured, made, or suffered with intent to avoid a right, debt, or duty of a person, shall be void as against the person, and the person’s heirs or assigns, whose right, debt, or duty is so intended to be avoided."

The FBI's Internet Crime Complaint Center 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). In Vermont, ask your town clerk whether the office offers one.

Enhanced life estate deeds as an alternative

If the goal is to pass a home at death rather than now, Vermont's statutory nonprobate deed for land is the enhanced life estate deed, under 27 V.S.A. chapter 6 (§§ 651 to 660), in effect since July 13, 2020. The owner keeps a life estate and the right to convey the property during life. Under § 654(c), "If not previously conveyed during the lifetime of the grantor, upon the death of the grantor, subject to encumbrances of record, the interest stated in an ELE deed vests in the grantee or, for a deceased grantee, the interest passes pursuant to section 658 of this title."

An enhanced life estate deed is subject to the property transfer tax (§ 654(d)), and no consideration or acceptance by the grantee is needed (§ 655). Section 660 provides an optional form: "The following form may be used to create an enhanced life estate deed." For what happens when an owner dies without one, see our guide to Vermont probate.

Common myths about Vermont quitclaim deeds

• "A quitclaim is not valid until it is recorded." An unrecorded deed binds the grantor and the grantor's heirs, but under 27 V.S.A. § 342 it is not effectual against anyone else unless acknowledged and recorded.
• "My spouse doesn't need to sign a deed of my house." For a homestead or property held as tenants by the entirety, the spouse must join unless the deed goes to that spouse (27 V.S.A. §§ 141(a), 349(a)(2)).
• "Gift deeds are tax free." Only gifts within the family list in 32 V.S.A. § 9603(5) are exempt; any other gift is taxed on fair market value (§ 9601).
• "An exempt deed needs no paperwork." The town clerk cannot record any deed without a completed Form PTT-172, even when the transfer is exempt.
• "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
• Vermont property records
• Quitclaim vs. warranty deeds
• Vermont divorce laws
• Vermont probate

This article provides general legal information about Vermont law on conveying land by deed and the Vermont property transfer tax, verified on 2026-10-10. It is not legal or tax advice. For your situation, contact your town clerk (who cannot give legal advice), a legal aid office, or a lawyer licensed in Vermont.

Last updated: 2026-10-10.

Frequently Asked Questions

How do I file a quitclaim deed in Vermont?

The grantor signs the deed and acknowledges it before a notary public, and the deed is recorded at length in the clerk's office of the town where the land lies (27 V.S.A. § 341(a)). Bring a completed Property Transfer Tax Return (PTT-172) and the recording fees; the clerk cannot record a deed without the return.

Does a quitclaim deed need to be notarized in Vermont?

Yes. Under 27 V.S.A. § 341(a), a deed must be acknowledged by the grantor before a notary public, and the acknowledgment is valid without an official stamp. The former witness section, § 379, was repealed effective July 1, 2019.

Where do I record a quitclaim deed in Vermont?

With the town (or city) clerk of the town where the land lies (27 V.S.A. § 341(a)); for land in an unorganized town, gore or grant, the county clerk records it (§ 403). A purchaser may also have a deed recorded by the county clerk under § 402.

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

The statutory town clerk fee is $15.00 per page to record a document, plus $15.00 to record the property transfer return (32 V.S.A. § 1671(a)(6)). Any property transfer tax is paid to the Department of Taxes separately.

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

Unless an exemption applies, yes. A gift or nominal-consideration transfer is taxed on fair market value (32 V.S.A. § 9601) at 1.25% plus the 0.22% Clean Water Surcharge, with a lower rate on the first $200,000 of a principal residence (§§ 9602, 9602a). Transfers without actual consideration between spouses, parent and child or child's spouse, or grandparent and grandchild or grandchild's spouse are exempt (§ 9603(5)).

Does my spouse have to sign a Vermont quitclaim deed?

If the property is a homestead or held as tenants by the entirety and the deed goes to anyone other than the spouse, yes: the spouse must join in the deed (27 V.S.A. §§ 141(a), 349(a)(2)). A spouse may convey his or her homestead interest to the other spouse (§ 141(d)).

Does a quitclaim deed remove me from the mortgage?

No. 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 will be obligated on the loan.

Does Vermont have a transfer on death deed?

Vermont's statutory nonprobate deed for land is the enhanced life estate deed (27 V.S.A. §§ 651 to 660): the owner keeps a life estate and the right to convey, and the interest vests in the grantee at the owner's death (§ 654). Section 660 provides an optional form.