Washington
Washington Quitclaim Deed: Requirements, Recording and REET
Independently fact-checked against primary sources (last audited October 8, 2026). · 40 primary sources cited on this page. How we verify our legal content

A Washington quitclaim deed transfers whatever legal and equitable rights the grantor holds in the property at the time of signing, with no promise about the title, and RCW 64.04.050 gives it a statutory form. To count, the deed must be in writing, signed by the grantor and acknowledged before an authorized officer such as a notary public (RCW 64.04.020), and it is recorded with the county auditor where the land lies (RCW 65.08.070) once the county treasurer has stamped it for real estate excise tax. 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 Washington state law on quitclaim deeds: RCW 64.04 (deeds), RCW 64.08 (acknowledgments), RCW 26.16.030 (community property), RCW 6.13.040 and 6.13.060 (homestead), RCW 65.04 and 65.08 (recording), RCW 36.18.010 (recording fees), chapter 82.45 RCW and chapter 458-61A WAC (real estate excise tax), and chapter 64.80 RCW (transfer on death deeds), 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, local REET rates, county fees beyond those named, or other states' laws.
What a quitclaim deed does in Washington
RCW 64.04.050 says a deed in substance in its form is "a good and sufficient conveyance, release and quitclaim" of "all the then existing legal and equitable rights of the grantor in the premises therein described." The statute's form names the grantor and the grantor's place of residence, the consideration, the grantee, the property description and the county, and uses the operative words "conveys and quitclaims."
Two limits follow from that text. The deed carries only the rights the grantor actually has when signing, and it "shall not extend to the after acquired title unless words are added expressing such intention" (RCW 64.04.050). The quitclaim form also contains no promise that the title is good. For how this differs from a deed that does carry promises, see quitclaim vs. warranty deeds.
The general rule behind every Washington transfer is RCW 64.04.010, which requires every conveyance of real estate, or of any interest in it, to be by deed.
People use a quitclaim to add or remove a spouse, give a home to a child, move a home into their own revocable trust, or clear up a title question. Each of those transfers has its own tax treatment, covered below.
Washington quitclaim deed requirements
RCW 64.04.020 states the core rule: "Every deed shall be in writing, signed by the party bound thereby, and acknowledged by the party before some person authorized" to take acknowledgments of deeds. The recording office then applies its own format standards.

| Requirement | What the law says | Source |
|---|---|---|
| Writing and signature | The deed must be in writing and signed by the party bound (the grantor) | RCW 64.04.020 |
| Acknowledgment | Acknowledged before an authorized officer; RCW 64.08.010 lists judges and their clerks, superior court commissioners, a county auditor or deputy, a qualified notary public and a qualified US commissioner | RCW 64.04.020, 64.08.010 |
| Witnesses | RCW 64.04.020 and the 64.04.050 form contain no witness requirement | RCW 64.04.020 |
| Spouse or domestic partner | Both must join in and acknowledge a deed of community real property; a homestead cannot be conveyed unless both execute and acknowledge the deed | RCW 26.16.030, 6.13.060 |
| Property description | The form calls for the property description and the county; the first page needs an abbreviated legal description | RCW 64.04.050, 65.04.045 |
| Parcel number | The assessor's parcel or account number, set out separately on the first page | RCW 65.04.045 |
| Return address | The name and address to whom the deed will be returned, top left of page one | RCW 65.04.045 |
| REET stamp | The county treasurer's verification that the tax was paid, or a notation that none is due, before the auditor accepts it | RCW 82.45.090 |
Format rules for recording
RCW 65.04.045 sets the page layout the county auditor expects. The first page needs a top margin of at least three inches and one-inch margins on the bottom and sides, with the return name and address at the top left and the document title just below the three-inch margin.
The first page also lists the grantors and grantees, any reference numbers, the abbreviated legal description and the assessor's parcel or account number. The statute defines the abbreviated legal description as "lot, block, plat, or section, township, range, and quarter/quarter section," with a reference to the page where the full description appears.
Every page must be no larger than 8.5 by 14 inches, in type of 8 point or larger, in ink that can be imaged, with one-inch margins on pages after the first. Nothing may be attached except a firmly attached bar code or address label. The deed may not contain a Social Security number, a date of birth identified with a particular person, or a parent's maiden name (governmental instruments are excepted).
No state-agency quitclaim deed form is among the sources cited here; the statute supplies only the form text in RCW 64.04.050. Your county auditor can tell you its recording requirements, though auditors cannot give legal advice, and a lawyer licensed in Washington can prepare the deed.
Does a spouse have to sign a Washington quitclaim deed?
For community real property, yes. RCW 26.16.030 says neither spouse or domestic partner "shall sell, convey, or encumber the community real property without the other spouse or other domestic partner joining in the execution of the deed," and that the deed "must be acknowledged by both spouses or both domestic partners."

The same statute requires the other spouse's or partner's express or implied consent before one of them gives community property away. That matters for a quitclaim to a child or other relative of a home the couple owns as community property.
The homestead statute adds a second rule. RCW 6.13.060 says the homestead of a spouse or domestic partner "cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered is executed and acknowledged by both spouses or both domestic partners," though either or both may sign powers of attorney for that purpose. Under RCW 6.13.040, property described in RCW 6.13.010 becomes a homestead automatically once the owner occupies it as a principal residence.
The homestead rule is not limited to community property, so a spouse may need to sign a deed of the family home even when it is one spouse's separate property. Ask a lawyer licensed in Washington how these rules apply to your property. If the transfer is part of a divorce, see our guide to Washington divorce laws.
Recording a quitclaim deed with the county auditor
Record the deed with the county auditor, the recording officer of the county where the property is located (RCW 65.08.070). The auditor will not accept a deed subject to REET until the tax is paid and the treasurer's verification is affixed, or, if no tax is due, until the treasurer has noted that on the deed (RCW 82.45.090). In practice, the REET affidavit goes to the county treasurer first.
What recording does
RCW 65.08.070 is a race-notice style recording act. It says an acknowledged conveyance that is not recorded "is void as against any subsequent purchaser or mortgagee in good faith and for a valuable consideration from the same vendor, his or her heirs or devisees," of the same property "whose conveyance is first duly recorded." The same section says "an instrument is deemed recorded the minute it is filed for record."
Recording is not what makes the deed valid between the grantor and the grantee. It protects the new owner against a later buyer or lender who takes from the same grantor in good faith and records first. Once recorded, the deed becomes part of the public land record you can search; see our guide to Washington property records.
Recording fees
RCW 36.18.010 sets the base recording fee at $5 for the first page and $1 for each additional page of 8.5 by 14 inches or less. That is not what you will pay. Other statutes add surcharges and assessments per instrument, including the $183 per-instrument document recording surcharge under RCW 36.22.250(1) (which lists exemptions), the $100 covenant homeownership assessment under RCW 36.22.185, and library, archives and historical-documents surcharges, so county totals run far above $5.
Each county publishes its own fee sheet, and there is no single statewide total. As one county example, the Pierce County Auditor's fee sheet effective July 27, 2025 lists $303.50 for the first page and $1.00 for each additional page for a standard document, $10.00 to process a tax-free excise tax affidavit, and $50 more for a non-standard document. Other counties may differ, so check your auditor's current schedule.
E-recording
Whether a statewide e-recording rule applies is a question for your county auditor. As a county example, the Pierce County Auditor says it "can accept all documents and maps electronically" and records over 80% of its documents electronically from commercial submitters.
Washington real estate excise tax on a quitclaim deed
Washington taxes each "sale" of real property under chapter 82.45 RCW, and the definition reaches quitclaims. RCW 82.45.010 says a sale "includes any conveyance, grant, assignment, quitclaim, or transfer of the ownership of or title to real property" for "a valuable consideration." So a quitclaim given for value is taxable, and one given with no consideration is not a sale.
The tax is the seller's obligation. The Department of Revenue (DOR) says that if the seller does not pay, the buyer becomes responsible and a lien can attach to the property. The county treasurer of the county where the property is located collects the tax as the state's agent (RCW 82.45.090). DOR says REET on a deeded transfer is due on the date of sale, regardless of when the deed is recorded, and penalty and interest apply if it is not paid within one month of the date of sale.
State REET rates and the 2027 thresholds
The state rate is graduated: each slice of the selling price is taxed at its own rate. DOR publishes these thresholds for sales from January 1, 2023 through December 31, 2026, and the adjusted thresholds it has published for sales beginning January 1, 2027.
| Portion of selling price | Rate | Thresholds for sales Jan 1, 2023 through Dec 31, 2026 | Thresholds for sales from Jan 1, 2027 |
|---|---|---|---|
| First tier | 1.10% | $525,000 or less | $551,000 or less |
| Second tier | 1.28% | $525,000.01 to $1,525,000 | Above $551,000 to $1,551,000 |
| Third tier | 2.75% | $1,525,000.01 to $3,025,000 | Above $1,551,000 to $3,051,000 |
| Top tier | 3% | $3,025,000.01 or more | Above $3,051,000 |
The statute's baseline thresholds are $500,000, $1.5 million and $3 million, adjusted every fourth year (RCW 82.45.060). Timberland and agricultural land are taxed at a flat 1.28%.
Counties and cities can add local REET under chapter 82.46 RCW, including up to 0.25% under RCW 82.46.010(2), an additional 0.5% in lieu of another tax under RCW 82.46.010(3), and an additional 0.25% in jurisdictions planning under the Growth Management Act under RCW 82.46.035(2). Some counties may also impose a conservation-area REET of up to 1% (RCW 82.46.070) or an affordable-housing REET of 0.5% (RCW 82.46.075), subject to those sections' conditions. Local rates vary by location, and this page does not list them; the county treasurer applies the rate for the property's location.
The REET affidavit and fees
DOR says you generally must file an affidavit "whenever there is a transfer of ownership or title to real property by conveyance, deed, grant, assignment, quitclaim, or any other document that results in a transfer." That includes community property and divorce transfers where an exemption is claimed. DOR also lists transactions for which an affidavit is "not required nor accepted," including the recording or revocation of a transfer on death deed, a community property agreement, and inheritance of a community property interest or a transfer under a non-probated will in which a lack of probate affidavit is required.
- Form: the Real Estate Excise Tax Affidavit, Form 84 0001a is the version for sales in a single location code on or after May 1, 2026. DOR's REET forms page also lists the multiple-location affidavit, the Supplemental Statement and other versions. Use the version that matches the date of sale.
- Exemption code: an exemption is claimed by citing the WAC rule in section 7 of the affidavit (DOR's example is "WAC 458-61A-211(2)(g)").
- Gift claims: a gift needs the affidavit plus a Supplemental Statement signed by the grantor and the grantee.
- Fees: DOR lists a $5.00 state technology fee on every transfer and an additional $5.00 affidavit processing fee when an exemption is claimed, for a minimum of $10 due.
Exemptions that fit common quitclaim situations
| Situation | REET treatment | Source |
|---|---|---|
| Gift to a child or anyone else | Not a sale if no consideration is given; a grantee who assumes the grantor's debt has given consideration, and tax is due on the debt amount, though the equity can still be gifted | RCW 82.45.010(3)(a), WAC 458-61A-201 |
| Gift followed by a refinance | A rebuttable presumption of a sale arises if the grantee is involved in a refinance within six months | WAC 458-61A-201 |
| Divorce | Not taxed when made in fulfillment of a settlement agreement incident to a decree of dissolution, declaration of invalidity or legal separation; transfers between former spouses outside the agreement are taxable unless otherwise exempt | WAC 458-61A-203 |
| Between spouses or domestic partners | Transfers that establish or separate community property are not taxed | WAC 458-61A-203 |
| Into your revocable trust | A transfer into any revocable trust is exempt, as is a trustee's conveyance back to the original grantor or a beneficiary when no valuable consideration passes | WAC 458-61A-211 |
| Inheritance or devise | Not taxed, with or without underlying debt; a later sale by the heir is taxable | RCW 82.45.010, WAC 458-61A-202 |
| Clearing title | Not taxed when given only to clear title and no consideration passes otherwise; a narrative signed by both parties is attached to the affidavit; this does not cover a deed adding someone to title, except a co-signer added for security only | WAC 458-61A-215 |
| Correcting a deed | Rerecording to correct a legal description or the spelling of a party's name is not taxed; the affidavit references the prior affidavit and recorded document number | WAC 458-61A-217 |
Watch out: Adding a family member to title is not "clearing title." WAC 458-61A-215 says the clearing-title rule "does not apply to deeds executed for the purpose of adding persons to title." An add-on deed with no consideration is claimed as a gift instead, with the Supplemental Statement.
Property tax after a quitclaim
Washington lists and assesses all taxable real property "every year, with reference to its value on the first day of January" (RCW 84.40.020). The sources cited here contain no rule that resets a property's value because of a deed, though they do not cover every valuation statute, so ask the county assessor if a transfer could affect your bill.
Owners using the senior citizen and disabled person exemption must occupy the home as a principal residence (RCW 84.36.381). That statute lets a person who sells or transfers the residence move the exemption status to a replacement residence. How adding or removing an owner affects the exemption is a question for the county assessor, so check before signing.
Mortgages and quitclaim deeds
Washington'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 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 Washington
Some counties run their own alert programs. The Pierce County Auditor offers Owner Alert, a free service that emails you "any time a document is recorded under" a name you register, for up to 10 names, parcels, subdivisions or condos per email. Pierce County says plainly that "it doesn't prevent fraud," and that the Auditor cannot take legal action to reverse fraudulent activity. Pierce County also lists a Recording Notification Service page.
The FBI's Internet Crime Complaint Center has warned about impersonators using fictitious deeds to sell vacant land, and advises owners to check whether their county recorder offers a service that sends an email or text when a document is recorded in their name (IC3 PSA I-061626-PSA). Ask your own county auditor whether it offers one.
Transfer on death deeds and other alternatives
If the goal is to pass a home at death rather than now, Washington authorizes a transfer on death deed under chapter 64.80 RCW. An individual "may transfer property to one or more beneficiaries effective at the transferor's death" (RCW 64.80.020). The deed must contain the elements of a recordable deed, state that the transfer occurs at death, and be recorded with the county auditor before the owner dies (RCW 64.80.060).
The owner can revoke it (RCW 64.80.030), it has no effect on the owner's rights during life (RCW 64.80.090), and the owner needs the same capacity required to make a will (RCW 64.80.050). A transfer by transfer on death deed is not a REET sale, to the extent it does not satisfy a contractual obligation the decedent owed the recipient (RCW 82.45.010). DOR says no REET affidavit is required or accepted to record or revoke a transfer on death deed, but one is filed when the beneficiary perfects title by recording a certified copy of the owner's death certificate. For what happens when an owner dies without one, see our guide to Washington probate.
If the new owner wants the grantor to stand behind the title, a quitclaim is the wrong tool; a deed with title promises is the usual alternative.
Common myths about Washington quitclaim deeds
- "The deed is not valid until it is recorded." RCW 65.08.070 makes an unrecorded deed void only against a later good-faith purchaser or mortgagee for value from the same grantor whose deed is recorded first. Recording protects priority, though the auditor will not take the deed without the REET verification or notation (RCW 82.45.090).
- "A gift deed never owes tax." Only if there is no consideration. A grantee who assumes or pays the grantor's mortgage has given consideration, and tax is due on the debt (WAC 458-61A-201). The affidavit and a signed Supplemental Statement are still required.
- "Adding a relative is exempt as clearing title." WAC 458-61A-215 excludes deeds that add people to title, other than co-signers for security only. An add-on deed with no consideration uses the gift exemption instead.
- "A quitclaim passes title the grantor gets later." Only if words are added expressing that intention (RCW 64.04.050).
- "One spouse can quitclaim the family home alone." Not community real property; both spouses or domestic partners must join in and acknowledge the deed (RCW 26.16.030). Nor a homestead, a home the owner occupies as a principal residence: RCW 6.13.060 requires both spouses or both domestic partners to execute and acknowledge the deed, whether or not the home is community property (RCW 6.13.040).
- "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
- Washington property records
- Quitclaim vs. warranty deeds
- Washington divorce laws
- Washington probate
This article provides general legal information about Washington law on quitclaim deeds, verified on 2026-10-08. It is not legal or tax advice. For your situation, contact your county auditor or county treasurer (who cannot give legal advice), a legal aid office, or a lawyer licensed in Washington.
Last updated: 2026-10-08.
Frequently Asked Questions
How do I file a quitclaim deed in Washington?
The grantor signs the deed in writing and acknowledges it before an authorized officer such as a notary public (RCW 64.04.020), with the first page laid out under RCW 65.04.045. File the REET affidavit with the county treasurer so the deed carries the treasurer's payment verification or no-tax notation, then record it with the county auditor (RCW 82.45.090, 65.08.070).
Does a quitclaim deed need to be notarized in Washington?
Yes. RCW 64.04.020 requires every deed to be acknowledged before a person authorized to take acknowledgments, and RCW 64.08.010 includes a qualified notary public, a county auditor or deputy, and judges and their clerks. Those sections contain no witness requirement.
How much does it cost to record a quitclaim deed in Washington?
RCW 36.18.010 sets a base fee of $5 for the first page and $1 for each additional page, but other statutes add per-instrument surcharges and assessments, including the $183 document recording surcharge (RCW 36.22.250) and the $100 covenant homeownership assessment (RCW 36.22.185), so county totals are much higher. Pierce County's fee sheet effective July 27, 2025, for example, lists $303.50 for the first page; check your county auditor's current schedule.
Do you pay transfer tax on a quitclaim deed in Washington?
Washington's transfer tax is the real estate excise tax (REET), and it applies to a quitclaim only if the deed is given for valuable consideration, because RCW 82.45.010 defines a taxable sale to include a quitclaim for value. A gift, inheritance, divorce settlement transfer, community property transfer or transfer into a revocable trust is not taxed, but you generally still file the REET affidavit (Form 84 0001a for sales on or after May 1, 2026; DOR lists exceptions, including some inheritances of a community property interest), and DOR lists at least $10 in technology and processing fees when an exemption is claimed.
Is a quitclaim deed to my child taxed in Washington?
A transfer with no consideration is a gift and is not a sale under RCW 82.45.010, but if your child assumes your mortgage, that is consideration and tax is due on the debt amount (WAC 458-61A-201). A gift claim needs the affidavit plus a Supplemental Statement signed by both of you.
Does my spouse have to sign a quitclaim deed in Washington?
For community real property, yes: RCW 26.16.030 bars either spouse or domestic partner from conveying it without the other joining in the deed, and both must acknowledge it. Giving community property away also needs the other's express or implied consent. Separately, RCW 6.13.060 says a homestead cannot be conveyed unless both spouses or both domestic partners execute and acknowledge the deed, and under RCW 6.13.040 a home becomes a homestead automatically once the owner occupies it as a principal residence, even if it is one spouse's separate property.
What are the Washington REET rates in 2027?
The state rates stay graduated at 1.10%, 1.28%, 2.75% and 3%. DOR has published thresholds for sales beginning January 1, 2027 of $551,000, $1,551,000 and $3,051,000, up from $525,000, $1,525,000 and $3,025,000; local REET is added on top.
Does Washington have a transfer on death deed?
Yes. Chapter 64.80 RCW lets an individual transfer property effective at death by a transfer on death deed, which must be recorded with the county auditor before the owner dies (RCW 64.80.060) and can be revoked (RCW 64.80.030).
Does a quitclaim deed remove me from the mortgage?
No. A deed changes ownership, not the loan; only the lender can release a borrower, for example when the lender and the new owner agree in writing, before the transfer, that the new owner will be obligated on the loan (12 CFR 191.5(b)(4)).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Revised Code of Washington
§ 64.04.050Quitclaim deed—Form and effect.In forcecited in 2 of our articles
Quitclaim deeds may be in substance in the following form: The grantor (here insert the name or names and place of residence), for and in consideration of (here insert consideration) conveys and quitclaims to (here insert grantee's name or names) all interest in the following described real estate (here insert description), situated in the county of . . . . . ., state of Washington. Dated this . . . . day of . . . . . ., (year) . . . . Every deed in substance in the above form, when otherwise duly executed, shall be deemed and held a good and sufficient conveyance, release and quitclaim to the grantee, his or her heirs and assigns in fee of all the then existing legal and equitable rights of the grantor in the premises therein described, but shall not extend to the after acquired title unless words are added expressing such intention.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 29 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Newport Yacht Basin v. Supreme Northwest (Court of Appeals of Washington 2012, 277 P.3d 18)“…shington. Dated this . . . . day of . . . . . ., 19 . . . RCW 64.04.050. ¶ 15 Here, the 1981 quitclaim deed s…”
- Bale v. Allison (Court of Appeals of Washington 2013, 173 Wash. App. 435)“…yance, release and quitclaim to the grantee[s]” pursuant to RCW 64.04.050, and therefore, is ineffective to trans…”
- Dennis Bale, / Cross v. Robert E. Fletcher, / Cross (Court of Appeals of Washington 2013)“…yance, release and quitclaim to the grantee[s]" pursuant to RCW 64.04.050, and therefore, is ineffective to trans…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Quitclaim vs. Warranty Deed: Deed Types Explained (2026)
§ 64.04.020Requisites of a deed.In forcecited in 2 of our articles
Every deed shall be in writing, signed by the party bound thereby, and acknowledged by the party before some person authorized by *this act to take acknowledgments of deeds.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 70 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Bale v. Allison (Court of Appeals of Washington 2013, 173 Wash. App. 435)“…ome person authorized ... to take acknowledgment of deeds.” RCW 64.04.020. Deeds also require a complete legal de…”
- Key Design Inc. v. Moser (Washington Supreme Court 1999, 983 P.2d 653)“…en outlines the requirements with which a deed must comply. RCW 64.04.020 ("Every deed shall be in writing, signe…”
- Zunino v. Rajewski (Court of Appeals of Washington 2007, 140 Wash. App. 215)“…party bound by the deed, and the deed must be acknowledged. RCW 64.04.020. Accordingly, a deed of easement is req…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 65.08.070Real property conveyances to be recorded.In force
(1) A conveyance of real property, when acknowledged by the person executing the same (the acknowledgment being certified as required by law), may be recorded in the office of the recording officer of the county where the property is situated. Every such conveyance not so recorded is void as against any subsequent purchaser or mortgagee in good faith and for a valuable consideration from the same vendor, his or her heirs or devisees, of the same real property or any portion thereof whose conveyance is first duly recorded. An instrument is deemed recorded the minute it is filed for record. (2) A recording officer as defined in RCW 65.08.060(4) may accept for recording under this section a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record under RCW 42.45.020(3).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
§ 82.45.010"Sale" defined. (Effective until January 1, 2030.)In force
(1) As used in this chapter, the term "sale" has its ordinary meaning and includes any conveyance, grant, assignment, quitclaim, or transfer of the ownership of or title to real property, including standing timber, or any estate or interest therein for a valuable consideration, and any contract for such conveyance, grant, assignment, quitclaim, or transfer, and any lease with an option to purchase real property, including standing timber, or any estate or interest therein or other contract under which possession of the property is given to the purchaser, or any other person at the purchaser's direction, and title to the property is retained by the vendor as security for the payment of the purchase price. The term also includes the grant, assignment, quitclaim, sale, or transfer of improvements constructed upon leased land. (2)(a) The term "sale" also includes the transfer or acquisition within any 36 month period of a controlling interest in any entity with an interest in real property located in this state for a valuable consideration.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
§ 82.45.060Tax on sale of property.In force
(1) There is imposed an excise tax upon each sale of real property. (a) Through December 31, 2019, the rate of the tax imposed under this section is 1.28 percent of the selling price. (b) Beginning January 1, 2020, except as provided in (c) of this subsection, the rate of the tax imposed under this section is as follows: (i) 1.1 percent of the portion of the selling price that is less than or equal to five hundred thousand dollars; (ii) 1.28 percent of the portion of the selling price that is greater than five hundred thousand dollars and equal to or less than one million five hundred thousand dollars; (iii) 2.75 percent of the portion of the selling price that is greater than one million five hundred thousand dollars and equal to or less than three million dollars; (iv) Three percent of the portion of the selling price that is greater than three million dollars. (c) The sale of real property that is classified as timberland or agricultural land is subject to the tax imposed under this section at a rate of 1.28 percent of the selling price.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
§ 26.16.030Community property defined—Management and control.In forcecited in 2 of our articles
Property not acquired or owned, as prescribed in RCW 26.16.010 and 26.16.020, acquired after marriage or after registration of a state registered domestic partnership by either domestic partner or either husband or wife or both, is community property. Either spouse or either domestic partner, acting alone, may manage and control community property, with a like power of disposition as the acting spouse or domestic partner has over his or her separate property, except: (1) Neither person shall devise or bequeath by will more than one-half of the community property. (2) Neither person shall give community property without the express or implied consent of the other. (3) Neither person shall sell, convey, or encumber the community real property without the other spouse or other domestic partner joining in the execution of the deed or other instrument by which the real estate is sold, conveyed, or encumbered, and such deed or other instrument must be acknowledged by both spouses or both domestic partners.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Also relied on in: Washington Prenuptial Agreement Laws: When Courts Enforce Them (2026)
§ 64.80.020Authorized—Prohibited use.In force
An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed. A transfer on death deed may not be used to effect a deed in lieu of foreclosure of a deed of trust.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
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Sources and References
- RCW 64.04.050, Quitclaim deed: form and effect(app.leg.wa.gov).gov
- RCW 64.04.020, Requisites of a deed(app.leg.wa.gov).gov
- RCW 65.08.070, Real property conveyances to be recorded(app.leg.wa.gov).gov
- RCW 26.16.030, Community property defined; management and control(app.leg.wa.gov).gov
- RCW 65.04.045, Recorded instruments: format requirements(app.leg.wa.gov).gov
- RCW 82.45.010, Real estate excise tax: definition of sale(app.leg.wa.gov).gov
- WAC 458-61A-201, Gifts(app.leg.wa.gov).gov
- WAC 458-61A-215, Clearing title(app.leg.wa.gov).gov
- Washington Department of Revenue, Real estate excise tax(dor.wa.gov).gov
- 12 CFR 191.5, Limitation on exercise of due-on-sale clauses (eCFR)(ecfr.gov).gov
- RCW 64.04.010, Conveyances and encumbrances to be by deed(app.leg.wa.gov).gov
- RCW 82.45.090, Payment of tax and recording(app.leg.wa.gov).gov
- RCW 36.18.010, Auditor's recording fees(app.leg.wa.gov).gov
- Pierce County Auditor, eRecording(piercecountywa.gov).gov
- RCW 82.46.010, Local real estate excise tax(app.leg.wa.gov).gov
- Washington DOR, Real Estate Excise Tax Affidavit, Form 84 0001a (sales on or after May 1, 2026)(dor.wa.gov).gov
- Washington DOR, Real estate excise tax forms(dor.wa.gov).gov
- WAC 458-61A-203, Marital and domestic partner transfers(app.leg.wa.gov).gov
- WAC 458-61A-211, Mere change in identity or form(app.leg.wa.gov).gov
- WAC 458-61A-202, Inheritance or devise(app.leg.wa.gov).gov
- WAC 458-61A-217, Rerecording(app.leg.wa.gov).gov
- RCW 84.40.020, Assessment date(app.leg.wa.gov).gov
- RCW 84.36.381, Senior citizen and disabled person residence exemption(app.leg.wa.gov).gov
- 12 U.S.C. 1701j-3, Preemption of due-on-sale prohibitions (govinfo)(govinfo.gov).gov
- 12 CFR 1024.31, Definitions: successor in interest (eCFR)(ecfr.gov).gov
- IRS, Gift tax(irs.gov).gov
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- IRS, Frequently asked questions on gift taxes(irs.gov).gov
- Pierce County Auditor, Owner Alert(piercecountywa.gov).gov
- Pierce County, Recording Notification Service(piercecountywa.gov).gov
- FBI Internet Crime Complaint Center, PSA I-061626-PSA (2026)(ic3.gov).gov
- RCW 64.80.020, Transfer on death deed authorized(app.leg.wa.gov).gov
- RCW 6.13.060, Conveyance or encumbrance by spouses or domestic partners (homestead)(app.leg.wa.gov).gov
- RCW 6.13.040, Automatic homestead exemption(app.leg.wa.gov).gov
- RCW 36.22.250, Document recording surcharge(app.leg.wa.gov).gov
- RCW 36.22.185, Covenant homeownership program assessment(app.leg.wa.gov).gov
- RCW 82.46.070, Additional excise tax: conservation areas(app.leg.wa.gov).gov
- RCW 82.46.075, Additional excise tax: affordable housing(app.leg.wa.gov).gov
- Pierce County Auditor, Recording, Excise, and Map Fees (fee sheet effective July 27, 2025)(piercecountywa.gov).gov
- IRS, Frequently asked questions on gift taxes for nonresidents not citizens of the United States(irs.gov).gov