Wyoming Quitclaim Deed: Requirements, Recording and Filing

A Wyoming quitclaim deed follows the statutory form in W.S. 34-2-104, in which the grantor "conveys and quitclaims" to the grantee "all interest in the following described real estate," and it passes only the rights the grantor holds at the time (34-2-105). It must be acknowledged before a notarial officer (34-1-113) and recorded with the county clerk of the county where the land lies (34-1-118), and the clerk will not record it without a sworn Statement of Consideration (34-1-142). 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 Wyoming law on quitclaim deeds: the conveyancing and recording statutes in W.S. Title 34, chapters 1 and 2, the Statement of Consideration in 34-1-142, the homestead release in 34-2-121, the county clerk recording fees in 18-3-402, the residential property tax provisions in 39-11-105, forgery in 6-3-602, and the transfer on death deed in 2-18-103 to 2-18-105, with federal mortgage and gift-tax points where they affect a family transfer. It does not cover title insurance, a lender's own rules, county formatting rules, local taxes or charges, or other states' laws.

What a quitclaim deed does in Wyoming

Wyoming writes the quitclaim deed into its statutes. Under 34-2-104, "Quitclaim may be in substance in the following form," and in the form the grantor, for a stated consideration, "conveys and quitclaims to (here insert grantee's name or names) all interest in the following described real estate, (here insert description) situate in the county of ...., in the state of Wyoming."

The deed passes what the grantor has at the time. Under 34-2-105, a deed in the statutory form is a sufficient conveyance, release and quitclaim of "all the then existing legal or equitable rights of the grantor," "but shall not extend to after acquired title unless words are added expressing such intention." Section 34-2-106 covers the effect of a quitclaim that omits the word "release," and 34-1-107 says, "A deed of quitclaim and release shall be sufficient to pass all the estate which the grantor could lawfully convey by deed of bargain and sale."

No implied warranties

A Wyoming quitclaim carries no promises about title. Under 34-1-135, no covenant is implied in any conveyance of real estate, other than conveyances of oil, gas or minerals. For how a warranty deed compares, see quitclaim vs. warranty deeds.

The only official quitclaim "form" is the statutory text in 34-2-104; no state agency publishes a fill-in deed. The county clerk can explain recording requirements but cannot give legal advice, and a lawyer licensed in Wyoming can prepare the deed.

Wyoming quitclaim deed requirements

Acknowledgment

Under 34-1-113, "Execution of deeds, mortgages or other conveyances of lands, or any interest in lands, shall be acknowledged by the party or parties executing same, before any notarial officer." The notarial officer must comply with W.S. 32-3-109. An acknowledged deed is entitled to be recorded "in the office of the county clerk in the county where the land lies" (34-1-118).

The statutes on executing and recording a deed call for acknowledgment, not witnesses. Section 34-1-106 says conveyances "may be made by instrument executed and acknowledged by the party from whom or which the estate or interest is intended to pass," and the statutory quitclaim form shows only the grantor's signature.

Grantee address, description and format

Under 34-1-119(a), "The county clerk shall not record any document until the address of the grantee, mortgagee or assignee of the mortgagee is furnished to the county clerk, but this requirement shall not affect the validity of the recording of any instrument except to the extent provided in W.S. 34-1-142(b)."

The statutory form calls for a description of the real estate and the county where it lies. Ask the county clerk about its own rules for legal descriptions, page size, margins and type before you prepare the deed.

The Statement of Consideration

Wyoming's tax title has no transfer tax, but Wyoming does require a sworn filing with every deed. Under 34-1-142, a deed transferring title presented to the county clerk "shall be accompanied by a statement under oath by the grantee or his agent." The statement gives the grantor's and grantee's names, addresses and contact information, the date of transfer and of sale, the legal description, the full amount paid or to be paid, the terms of sale, and an estimate of the value of anything other than real property.

The clerk cannot record the deed without it: "No instrument evidencing a transfer of real property may be accepted for recording until the completed sworn statement is received by the county clerk." Failing to file does not affect the deed's validity between the parties (34-1-142(b)).

Family transfers can leave out the dollar figures

Under 34-1-142(c), the person presenting the deed may omit the amount paid, the terms of sale and the value of non-real property for certain transfers, including:

• a gift of more than one-half of the property's actual value;
• "A transfer between husband and wife or parent and child with only nominal consideration therefor";
• an instrument transferring the property to the same party;
• an instrument confirming or correcting a previously recorded instrument without added consideration.

The statement itself is still required in those cases. Only the dollar details can be left out.

Confidentiality and penalties

The statement is confidential and is not a public record (34-1-142(e)). It is used only as statistical data, and under 34-1-142(d), "An individual statement shall not, by itself, be used by the county assessor to adjust the assessed value of any individual property." Willfully falsifying the statement, or disclosing it unlawfully, is a misdemeanor punishable by a fine of up to $750, up to six months in jail, or both (34-1-144).

The State Board of Equalization adopts the form, which county assessors and county clerks use (34-1-142(h)). Get the current form from the county clerk or county assessor.

Does a spouse have to sign a Wyoming quitclaim deed?

For a homestead, yes, and the deed needs specific words. Under 34-2-121, an owner or occupant may sell or encumber a homestead, but the instrument "shall contain in substance the following words: 'Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of this state', and shall be freely and voluntarily signed and acknowledged by the owner and the spouse of the owner of said homestead." The joinder requirement does not apply to a conveyance directly from husband to wife.

Section 34-2-121 does not say whether the rule reaches a house titled in only one spouse's name. Ask a Wyoming lawyer before recording a deed of the family home without the spouse. If the deed is part of a divorce, see our guide to Wyoming divorce laws.

Adding a co-owner or deeding to a trust

An owner does not need a straw party to add a co-owner. Under 34-1-140, "A joint tenancy or a tenancy by the entirety as to any interest in real or personal property may be established by the owner thereof, by designating in the instrument of conveyance or transfer, the names of such joint tenants or tenants by the entirety, including his own, without the necessity of any transfer or conveyance to or through a third person." Naming the grantees as "husband and wife" or "spouses" creates a tenancy by the entirety unless the deed says otherwise.

For a deed to a trust, 34-2-122 says that where the grantee is described as a trust, the instrument must define the trust, and it is deemed to vest title in the trustee or trustees.

Recording a quitclaim deed with the county clerk

In Wyoming the county clerk records deeds, in the county where the land lies (34-1-118). The clerk records the instrument and endorses the day and hour it was filed. Once recorded, the deed becomes part of the county land records; see our guide to Wyoming property records.

What recording does

Recording protects the new owner against later buyers. Under 34-1-120, "Every conveyance of real estate within this state, hereafter made, which shall not be recorded as required by law, shall be void, as against any subsequent purchaser or purchasers in good faith and for a valuable consideration of the same real estate or any portion thereof, whose conveyance shall be first duly recorded." A recorded instrument is notice to later purchasers from the time it is delivered to the clerk for record (34-1-121(a)).

An unrecorded deed is not void between the grantor and grantee, but the grantee is exposed to a later good-faith buyer for value who records first. Record a quitclaim promptly.

Recording fees

Wyoming sets county clerk recording fees by statute. Under 18-3-402(a)(xvi):

A one-page deed costs $12 to record and a two-page deed $15.

E-recording

Wyoming has enacted the Uniform Real Property Electronic Recording Act (34-1-401 to 34-1-407), and 34-1-119(a) allows electronic documents recorded under it. Ask the county clerk whether it accepts electronic recording from individuals.

Is there a transfer tax on a quitclaim deed in Wyoming?

Wyoming's tax title, Title 39 of the Wyoming Statutes, has no real estate transfer tax, documentary stamp tax or deed excise. Its chapters cover general provisions, assessment, collection, ad valorem taxation, mine products, sales and use, fuel, cigarettes, inheritance, and specific industries, and none taxes a transfer of real estate.

What a Wyoming deed faces instead is the recording fee and the sworn Statement of Consideration, which is a statistical filing, not a tax. Ask the county clerk whether any local charge applies.

Property tax after a quitclaim in Wyoming

A deed can affect two Wyoming property tax benefits, and the county assessor applies both.

The 4 percent residential assessment limit

Wyoming limits how much the assessed value of a single-family residence can rise from one year to the next: the structure under 39-11-105(a)(xliii) and the land under (a)(xliv). The limit holds the increase to 4 percent over the prior year's value. It ends for a year of ownership change: "The exemption under this paragraph is not applicable and the property shall be valued at full value if: (I) The increase in value is attributable to structural changes to the single family residential structure including new construction or additions to an existing structure; or (II) The owner acquired the property during the prior calendar year."

The 4 percent limit is being challenged in court. In June 2026 the State Board of Equalization concluded it could not certify residential values with the cap in place, and the Governor sued the board. In July 2026 the Laramie County District Court granted a stipulated preliminary injunction under which the cap is enforced until its constitutionality is determined. Check its current status with the county assessor.

The statute lists transfers that are not an acquisition for this purpose, including:

• transfers between spouses;
• transfers under a court order or divorce decree;
• transfers to a trust established for the benefit of the prior owner;
• transfers to an entity the prior owner owns;
• other transfers the Department of Revenue by rule says are not acquisitions.

Before recording any other kind of quitclaim, including a deed to a child or another relative, ask the county assessor whether it will count as an acquisition.

Homeowner exemptions

Section 39-11-105 also has two homeowner exemptions:

• Long-term homeowner exemption, (a)(xlv). If the owner or spouse is 65 or older and has paid Wyoming residential property tax for 25 years or more, the exemption is "fifty percent (50%) of the fair market value of the residential real property, provided that the exemption shall only apply to the first three million dollars ($3,000,000.00) of the fair market value." The claim goes to the county assessor by March 1, a surviving spouse continues to qualify, and an owner includes a person occupying a residence held in a trust for the occupant's benefit. This paragraph is repealed effective July 1, 2027.
• Homeowner exemption, (a)(xlvi). It covers 25 percent of the first $1,000,000 of value, and for tax year 2026 and later the claimant must actually live in the home at least eight months a year.

Neither paragraph says what a deed does to an existing claim. Ask the county assessor before deeding a home out of the name of the person who claims an exemption.

Mortgages and quitclaim deeds

Wyoming'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 Wyoming

Forging a deed is a felony under Wyoming's general forgery statute. Under 6-3-602, forgery with intent to defraud includes making or transferring a writing so that it appears to be the act of someone who did not authorize it, and except as subsection (c) provides, "forgery is a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both."

Some county clerks offer a free alert. The Laramie County Clerk announced a free Document Alert service in July 2025: "The Document Alert system sends an email notice to subscribers when property deeds, liens, or other recordings are filed in Laramie County using their information." Ask your own county clerk whether it offers one.

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, Wyoming authorizes a transfer on death deed under W.S. 2-18-103 to 2-18-105, with statutory forms in 2-18-104 and 2-18-105. Under 2-18-103, "A transfer on death deed is valid only if the deed is executed and recorded, as provided by law, in the office of the county clerk in the county in which the real property is situated, before the death of the owner or the last surviving owner."

The owner can revoke it by recording a revocation, and it may name a revocable trust. If the owner received Medicaid medical assistance, the Department of Health can have a lien on the property, and after death the beneficiary clears title by recording an affidavit and a Department of Health certificate of clearance (2-18-103(g), (n)). For what happens when an owner dies without one, see our guide to Wyoming probate.

Common myths about Wyoming quitclaim deeds

• "A quitclaim passes whatever the grantor gets later." A statutory quitclaim "shall not extend to after acquired title unless words are added expressing such intention" (34-2-105).
• "A quitclaim is not valid until it is recorded." An unrecorded conveyance is void only "as against any subsequent purchaser or purchasers in good faith and for a valuable consideration" whose conveyance is first recorded (34-1-120).
• "A gift deed needs no paperwork because there is no transfer tax." The sworn Statement of Consideration is still required; a gift or a nominal parent-child or spousal transfer may leave out only the dollar figures (34-1-142(c)). A deed can also end the 4 percent assessment limit if it counts as an acquisition, so ask the county assessor first.
• "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
• Wyoming property records
• Quitclaim vs. warranty deeds
• Wyoming divorce laws
• Wyoming probate

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

Last updated: 2026-10-10.

Frequently Asked Questions

How do I file a quitclaim deed in Wyoming?

The grantor signs the deed and acknowledges it before a notarial officer (W.S. 34-1-113), with the homestead release and spouse's signature if the property is a homestead (34-2-121). The grantee files a sworn Statement of Consideration with the deed (34-1-142), and the deed is recorded with the county clerk of the county where the land lies (34-1-118).

Does a quitclaim deed need to be notarized in Wyoming?

Yes. Deeds must be acknowledged by the person signing them before a notarial officer (34-1-113), and an acknowledged deed is entitled to be recorded with the county clerk (34-1-118).

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

The statutory fee is $12 for the first page and $3 for each additional page (18-3-402(a)(xvi)), so a two-page deed costs $15. Extra names beyond five of a different surname and extra descriptions beyond ten add small per-item charges.

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

Title 39 of the Wyoming Statutes has no real estate transfer tax. The deed still needs a sworn Statement of Consideration before the county clerk can record it (34-1-142).

Do I need a Statement of Consideration for a gift deed in Wyoming?

Yes. The statement is required for every deed transferring title, but a gift of more than one-half of the property's value, or a nominal spousal or parent-child transfer, may leave out the amount paid and terms of sale (34-1-142(c)). The statement is confidential (34-1-142(e)).

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

For a homestead, the deed must contain the statutory homestead release words and be signed and acknowledged by the owner and the owner's spouse (34-2-121). The rule does not apply to a conveyance directly from husband to wife.

Does a quitclaim deed affect my property taxes in Wyoming?

It can. The 4 percent residential assessment limit does not apply if the owner acquired the property during the prior calendar year, and the statute lists transfers that do not count as an acquisition, such as transfers between spouses (39-11-105). The limit is under a pending court challenge, so ask the county assessor about its status before recording.

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.