A quitclaim deed lets you give away your ownership in a property without guaranteeing the deed is clean or free from problems. In South Carolina, over 80,000 property transfers happen each year, and many use quitclaim deeds to move real estate between family members, during divorces, or into trusts. When you sign a quitclaim deed, you basically say: “Whatever rights I have to this property, I’m giving to you now.” You don’t promise the title is perfect or that nobody else owns part of it. This matters because if something goes wrong later—like someone else claims they own the property—you have no responsibility to fix it.
What you’ll learn:
📋 What a quitclaim deed is and how it works differently from other deeds
🏠 The exact steps to file a quitclaim deed in South Carolina without hiring a lawyer
⚠️ Common mistakes that can make your deed invalid or cause legal problems
💰 Tax and financial consequences you need to know before you sign
✅ Pros and cons of using a quitclaim deed for your situation
Understanding What a Quitclaim Deed Really Does
A quitclaim deed is a document that transfers your ownership stake in real estate to someone else. The word “quitclaim” means you’re stepping back from any claims you have to the property. Think of it like this: if you co-own a house with your sister and want her to have it all, a quitclaim deed lets you hand over your part.
The key difference between a quitclaim deed and other deeds comes down to promises. With a warranty deed, you promise that you own the property free and clear, and you’ll defend the buyer if someone else shows up claiming they own it too. With a quitclaim deed, you make no such promises—you simply transfer whatever ownership you have, no guarantees attached.
Federal law allows all types of property transfers between private parties. South Carolina follows federal guidelines but adds its own state-specific recording rules that you must follow for the deed to be legal. If you don’t follow South Carolina’s rules exactly, the deed won’t be recorded properly, and the person you’re trying to give the property to won’t legally own it.
Why People Use Quitclaim Deeds in South Carolina
People use quitclaim deeds for specific situations where they don’t need to guarantee the title is perfect. The most common reason is family transfers—when a parent gives property to an adult child or when multiple siblings own land and one wants to give their share to the others. In these cases, everyone usually knows each other and trusts each other, so the lack of a guarantee doesn’t matter.
Another major reason is divorce settlements. When a married couple splits up and one person needs to give the house to the other, a quitclaim deed does the job quickly. The court orders the transfer, and a quitclaim deed makes it official without extra paperwork or delay.
People also use quitclaim deeds to add or remove a spouse’s name from a title. If you get married and want your spouse on the deed, or if you’re going through a divorce and need to remove them, a quitclaim deed handles it. Some people use quitclaim deeds to transfer property into a living trust to avoid probate after they die, which keeps the property moving smoothly to their heirs.
Real estate investors sometimes use quitclaim deeds when flipping properties or managing multiple rental units. The speed and simplicity appeal to them, though they risk buying something with a defective title. Business owners might use them to shift property between different business entities they control.
Federal Requirements That Apply Everywhere
Federal law doesn’t directly control how you file a deed—that’s handled by states. However, federal law affects the tax consequences of property transfers. When you give property to someone using a quitclaim deed, the IRS treats it as a gift if you’re not getting anything in return.
Federal gift tax rules say you can give away up to $18,000 per person per year without filing any tax paperwork (as of 2024). If you give away more than that to one person in one year, you must file a gift tax return, even though you probably won’t owe tax. If you’ve already given that person money or property worth $18,000 or more in the same year, your quitclaim deed counts against that limit.
Federal law also requires that your deed include accurate information about the grantor (the person giving away the property) and the grantee (the person receiving it). You need the legal description of the property, which is the official description from the county, not just the street address. Getting the legal description wrong means the deed won’t record properly.
The federal government requires that property transfers be properly documented so that tax authorities can track ownership changes. This means your deed must be filed with your local county, and that record becomes permanent. Federal authorities can access state and local property records when investigating tax issues.
South Carolina’s Specific Rules for Quitclaim Deeds
South Carolina requires all deeds to be recorded in the county where the property sits. The state has specific rules about how deeds must look, what information must be on them, and how to file them. These rules exist so that everyone can look up who owns each property and in what order the deeds were filed.
South Carolina’s recording statute requires deeds to be in writing and signed by the grantor. The signature must be notarized—meaning a notary public watched you sign it and confirmed your identity. Without a notary’s signature, the deed won’t record.
The deed must include the grantor’s name and address, the grantee’s name and address, a description of the property, the date signed, and the signature of the grantor. If the grantor is married, South Carolina law says both spouses might need to sign, depending on whether they both own the property. If only one spouse owns it, only that spouse signs.
The deed must also include a recording fee, which the county charges to put the deed into their official records. In South Carolina, recording fees vary by county but typically cost between $30 and $50. Some counties charge by the number of pages, and some charge a flat rate.
South Carolina treats property transfers as part of the public record system. Anyone can walk into a county recorder’s office and look up any property to see who owns it and when the deed was recorded. This public access helps prevent fraud and keeps the land records clear and transparent for everyone.
The Three Most Common Scenarios
Scenario One: Parent to Adult Child
| What Happens | Why It Matters |
|---|---|
| Parent signs quitclaim deed giving house to adult child | Parent steps away from ownership completely |
| Deed is notarized and recorded in county | Transfer becomes official and legally binding |
| Child now owns 100% of the house | Child’s name appears in county property records |
| No gift tax return needed if house value under $18,000 | If house worth $300,000, parent must file gift tax return |
| Child becomes responsible for property taxes | Child pays property tax bills from this point forward |
| If parent had mortgage, child now owes the bank | Bank can foreclose if child doesn’t pay mortgage |
A father owns a house worth $250,000 with no mortgage. He wants to give it to his daughter while he’s still alive so it doesn’t go through probate when he dies. He signs a quitclaim deed, has it notarized, and files it with the county. Now his daughter owns the house, and he has no legal claim to it. Since the house is worth more than $18,000, the father must file a federal gift tax return, though he won’t owe tax because of his lifetime gift exemption.
Scenario Two: Divorce Settlement
| Action Taken | Result |
|---|---|
| Court orders one spouse to give house to other | The quitclaim deed carries out the court order |
| Spouse signs quitclaim deed transferring all rights | Other spouse becomes sole owner |
| Deed is notarized and recorded | Transfer is official and binding |
| Original owner keeps no rights to property | They cannot claim they still own it later |
| Receiving spouse takes property “as-is” | No warranties about title quality |
| Receiving spouse must refinance mortgage in their name | Bank must approve new loan to remove other spouse |
A couple divorces, and the court says the wife must give the house to the husband. The wife signs a quitclaim deed at the courthouse, it gets notarized, and it’s filed with the county that day. The husband is now the sole owner, and the wife has no claim to the property. The husband refinances the mortgage in his name alone so the wife is no longer responsible for payments.
Scenario Three: Adding a Spouse to the Title
| Step Taken | What Changes |
|---|---|
| Person already owns house in their name alone | Currently they are the sole owner |
| They sign quitclaim deed adding spouse as co-owner | Both names now appear on the deed |
| Both names go on deed as equal owners | They now own it 50/50 unless deed says otherwise |
| Deed is notarized and recorded | Transfer is official in county records |
| Both spouses now have ownership rights | Both can sell, mortgage, or transfer their share |
| If one spouse dies, their share goes to their heirs | Doesn’t automatically go to the surviving spouse |
A man buys a house and puts only his name on the deed. He gets married and wants his wife’s name added. He signs a quitclaim deed, has it notarized, and records it with the county, adding his wife as a co-owner. Now they both own the house equally. If he dies without a will, his share won’t go to her automatically—it will go to his children or parents, depending on his will.
Breaking Down the Quitclaim Deed Document
The quitclaim deed is a one or two-page document that must include several key pieces of information. At the top, it says “Quitclaim Deed” so everyone knows what type of transfer this is. The document should be on plain white paper, and the text should be easy to read and understand.
The first section identifies you as the grantor—the person giving away the property. Your full legal name must match your driver’s license or ID exactly. If your name is “Robert James Smith” on the deed but “Bob Smith” on your ID, this mismatch can cause problems during recording.
Next comes the grantee section, which identifies the person receiving the property. If the grantee is married, their spouse’s name may need to appear too, depending on how you want them to own it. You can specify whether they own it as husband and wife, as equal partners, or as sole and separate property.
The legal description is the official way to describe the land. This isn’t the street address—it’s a precise description that includes lot numbers, subdivision names, and measurements. You find the legal description on your current deed, the property tax card at the assessor’s office, or a survey. Putting the wrong legal description means the deed won’t record properly, and the transfer won’t be legal.
The granting clause is the magic language that actually transfers the property. It typically reads something like: “The grantor hereby conveys to the grantee all interest in the property described above.” This simple sentence is what legally transfers ownership.
The consideration clause describes what the grantee is giving in return. For a family gift, you can write “for love and affection” or simply “$0 and other good and valuable consideration.” For a divorce settlement, you might write “pursuant to divorce decree” or “in exchange for other property.” For a sale, you write the actual sale price.
The signature section requires the grantor to sign in front of a notary public. One or both spouses may need to sign, depending on how the property is owned and South Carolina law. The notary watches you sign, confirms your identity with an ID, and then adds their own signature and seal.
At the bottom, you must include the county where it records, the recording fee, and sometimes the legal description again for the recorder’s office to use. Some deeds include a “legal” section for the recorder to fill in after processing, showing where the deed is stored in their system.
Why Each Part of the Deed Matters
Getting the grantor’s name wrong means the deed won’t match up with previous deeds, and the recorder’s office may reject it. South Carolina law requires the name to match what’s on the current deed so that title companies and buyers can trace ownership back through time. If names don’t match, future buyers can’t confirm a clear chain of ownership.
The grantee’s name must be clear so the new owner’s rights are obvious. If you put “John Smith” but the person’s legal name is “John James Smith,” title companies later might not recognize them as the owner. Names must match legal documents exactly, including middle initials and suffixes like “Jr.” or “Sr.”
The legal description must be accurate because it identifies exactly which land is transferring. If you describe the wrong lot, you’ve transferred the wrong property, and the deed is invalid. The county recorder has no way to guess what you meant—they record what you write.
The granting clause must use clear language that shows intent to transfer ownership. If you write something vague or unclear, a court might rule the deed didn’t actually transfer anything. Words like “conveys,” “grants,” or “transfers” clearly show your intent to move ownership to someone else.
The consideration clause must state something of value was given, even if it’s just “love and affection.” South Carolina law assumes that if no consideration is stated, the transfer might not be complete. Stating any form of consideration protects the deed from challenges later.
The notary’s signature and seal prove that you actually signed the deed and that someone confirmed your identity. Without the notary, the deed cannot record in South Carolina, no matter what else is on it. The notary is a legal witness to the transaction.
Step-by-Step Process to File a Quitclaim Deed
Step 1: Gather Your Information
Get your current deed from the county recorder’s office or a title company. You need the exact legal description of the property, which appears on your current deed. Write down the full legal names, addresses, and birthdates of both the grantor (you) and the grantee (the person receiving it). Get the mailing address where the grantee wants the deed sent after it records.
Contact the county assessor’s office if you can’t find your current deed. They have property records and can provide the legal description and deed information. Some counties offer online searches where you can look up property records from your computer.
Step 2: Create or Obtain the Deed Form
South Carolina does not have a state-mandated quitclaim deed form, though the state has a suggested deed form available. Many counties provide their own forms, which you can download from the county recorder’s website. You can also use an online legal document service or hire an attorney to draft the deed. The form must include all required elements: grantor, grantee, legal description, granting clause, consideration, and signature lines.
Online services like LegalZoom or Rocket Lawyer offer quitclaim deed templates for South Carolina. These services charge $100 to $300 and provide state-specific forms. Many people find these services helpful because they guide you through each field step-by-step.
Step 3: Fill Out the Deed Completely
Write or type every blank on the form. For the grantor section, use your full legal name exactly as it appears on your driver’s license. For the grantee section, write the recipient’s full legal name. For the property description, copy the legal description word-for-word from your current deed—do not paraphrase or try to simplify it.
In the consideration section, state what’s being given in return. For gifts, write “for love and affection” or “$0 and other valuable consideration.” For divorce transfers, write “pursuant to divorce decree dated [date].” Leave nothing blank or vague. Double-check all names for spelling and make sure middle initials match your ID.
Step 4: Have the Deed Notarized
Take the unsigned deed and your photo ID to a notary public. You can find notaries at banks, law offices, real estate agencies, or FedEx locations. The notary watches you sign the deed in their presence and confirms your identity with your ID. This step is required—South Carolina will not record a deed without a notary’s signature.
Bring two forms of ID if possible. The notary must confirm you are who you say you are. A driver’s license or passport works best. The notary will charge a fee, typically $10 to $25, though bank employees sometimes notarize for free if you have an account.
Step 5: Prepare the Deed for Recording
Make at least two copies of the notarized deed. Most counties require you to submit the original notarized copy. Keep copies for your records and one for the grantee. Some counties require the deed to be on specific paper or in a specific format—check your county recorder’s website for requirements.
Print the deed on white paper with clear, readable text. Make sure the notary’s seal is clear and legible on your copies. If the seal is faint, ask the notary to stamp it darker on the copies before you leave.
Step 6: Determine the Recording Fee
Contact your county recorder’s office and ask the recording fee for a quitclaim deed. Fees typically cost $30 to $50 but vary by county. Some counties charge per page, and some charge per document. Make a check payable to the county recorder or have your credit card ready if they accept electronic payments.
Ask specifically about your county’s fee structure so you send the exact amount. Sending too little means the deed gets rejected. Sending too much means you won’t get change back—it goes into the county’s general fund.
Step 7: Submit the Deed to the County Recorder
You can submit the deed in person at the county recorder’s office, by mail, or sometimes electronically. Take the original notarized deed, two copies, your payment, and a transmittal form (most counties provide this). The transmittal form tells the recorder where to mail the recorded deed after processing. If mailing, use certified mail with tracking so you know it arrived.
Include a cover letter with your name, phone number, and email address. This helps the recorder contact you if they have questions. Keep a copy of the cover letter and mailing receipt for your records.
Step 8: Confirm Recording
Once recorded, the county assigns the deed a book and page number. This number identifies where the deed is stored in the county’s records. Ask the recorder when to expect confirmation or check the county’s website within a few days. Once recorded, the deed is official and the property transfer is complete. The grantee is now the legal owner.
Call the county recorder’s office after 10 business days if you haven’t received confirmation. Ask for the book and page number where your deed was recorded. Write this number down and keep it for your records.
Recording Requirements That Make Your Deed Valid
A deed is only official once it’s recorded in the county where the property sits. Recording means the county puts the deed into their official system so future buyers and lenders can see who owns the property and in what order deeds were filed. Without recording, the transfer might be valid between you and the grantee, but it won’t be official to the public.
South Carolina’s recording statute requires all deeds to be recorded to be valid against future purchasers and creditors. This means if you don’t record the deed and you later sell the property to someone else, that new buyer might have a claim. Recording protects the grantee by putting their name on the public record.
The deed must be received by the county recorder’s office, time-stamped, and added to the county’s records. The recorder checks that the deed meets all requirements before accepting it. If something is missing or wrong, the recorder will reject it and send it back.
The county will charge a recording fee, which is a one-time payment. After recording, the county mails the recorded deed back to the address you provide. This recorded copy shows the book and page number where it’s stored and proves the deed was officially filed.
Once recorded, the deed cannot be changed or erased. If you want to fix an error, you file a corrective deed. This is a new document that clarifies or corrects information from the previous deed.
Common Mistakes That Kill Your Deed
Mistake One: Wrong Legal Description
If you copy the address instead of the legal description, the deed won’t record. The legal description includes lot numbers, subdivision names, and exact measurements. The county recorder won’t guess what property you meant—they record what you write, exactly. If the wrong legal description is recorded, the transfer didn’t happen legally, and the grantee doesn’t own the property you intended to transfer.
Mistake Two: Grantor Not Notarized
A deed without a notary’s signature will be rejected by the recorder’s office. South Carolina law requires the notary to confirm the grantor’s identity and verify they signed the document. Without this, the recorder has no proof you actually signed the deed or agreed to the transfer. Your deed will be sent back, and the transfer won’t happen until you get it notarized.
Mistake Three: Wrong Names or Spelling
If the grantor’s name on the deed doesn’t match their ID, the notary won’t notarize it. If the grantee’s legal name is “Michael” but you write “Mike,” title companies later might not recognize them as the owner. Names must match legal documents exactly, including middle initials and suffixes like “Jr.” or “Sr.”
Mistake Four: Both Spouses Must Sign
In South Carolina, if both spouses own the property, both must sign the deed. If only one spouse signs and tries to transfer the whole property, it’s invalid. The spouse who didn’t sign still owns their half, and the transfer won’t work. Check your current deed to see whose names appear—everyone listed must sign the quitclaim deed.
Mistake Five: Forgetting the Consideration
If you leave the consideration blank or write nothing, the recorder might reject the deed. South Carolina law assumes that a transfer must have something of value given in return. Writing “love and affection,” “$0 and other valuable consideration,” or the actual sale price solves this problem.
Mistake Six: Ignoring Liens or Mortgages
If the property has a mortgage or lien on it, the quitclaim deed doesn’t erase it. The lender still has rights to the property, and the new owner becomes responsible for the debt. If the new owner doesn’t pay the mortgage, the bank can foreclose and take the house. The grantee must be aware of any debts attached to the property.
Mistake Seven: Recording in the Wrong County
If you record the deed in the wrong county, it won’t affect the right property. Deeds must be recorded in the county where the property sits. If you have a rental property in Charleston and record the deed in Greenville, the transfer won’t be official. Always confirm the correct county before sending the deed to the recorder.
Mistake Eight: Not Keeping Copies
If the county loses the original deed or it gets damaged, you need proof that you recorded it. Keep the certified copy that the recorder mails back to you. Also keep an extra copy for your records. If problems come up later, these copies prove the deed was recorded and when.
Tax Consequences of Giving Away Property
When you give property away using a quitclaim deed with no money in return, the IRS treats it as a gift. The grantee generally doesn’t owe income tax on the gift itself. However, if they later sell the property, they may owe capital gains tax on the profit.
Federal gift tax rules allow you to give up to $18,000 per person per year without filing a gift tax return. If you give more than that to one person in one year, you must file a gift tax return on Form 709, even though you probably won’t owe tax because of your lifetime exemption. Giving a house worth $300,000 to your child triggers this requirement.
South Carolina also has property tax implications. In some cases, transferring property by quitclaim deed triggers a property tax reassessment. The county may revalue the property and increase taxes if values have risen since you bought it. For family transfers, South Carolina sometimes exempts the transfer from reassessment under the “owner-occupied transfer exemption,” but this depends on county rules.
If you transfer property to someone else, that person becomes responsible for property taxes from the date of recording. If taxes are owed for previous years, the old owner remains responsible unless the deed states otherwise. Make sure property taxes are current before the transfer.
Capital gains tax becomes important if the grantee later sells the property for more than they received it. Their tax basis is typically the market value on the day of transfer. If they sell it five years later for a profit, they owe capital gains tax on that profit.
How Quitclaim Deeds Compare to Warranty Deeds and Other Types
A warranty deed promises that you own the property free and clear and that the title has no defects. If problems later show up—like someone else claiming they own it—you must fix it or pay the buyer’s damages. A warranty deed costs the same to record but offers much more protection.
A special warranty deed is a middle ground. You promise the title is clean only during the time you owned it. You don’t warrant anything about what happened before you bought it. If a title problem shows up from before your ownership, the buyer can’t come after you.
A quitclaim deed gives no warranties at all. You transfer whatever you have, but you don’t promise it’s clean or that you even own the whole property. The buyer buys it “as-is” with no recourse against you.
In practice, use a warranty deed when selling property. Use a quitclaim deed when transferring between family members, in divorce settlements, or when adding/removing names from a title. A quitclaim deed for a sale is risky because the buyer has no protection.
| Type of Deed | Warranties Given |
|---|---|
| Warranty deed | Full promises title is clean |
| Special warranty deed | Promises title clean during your ownership |
| Quitclaim deed | No promises at all |
Many real estate agents recommend using warranty deeds for all sales to buyers. Quitclaim deeds are for non-sales situations like family transfers. If you’re not sure which type to use, ask an attorney or title company.
Mortgage and Lien Considerations
When you transfer property with a quitclaim deed, any mortgage or lien attached to the property transfers with it. The grantee now owns the property, but the bank still has the right to foreclose if payments aren’t made. The grantee becomes responsible for making mortgage payments, even though they didn’t personally borrow the money.
If the property has a lien—like a contractor’s lien for unpaid work or a tax lien—the grantee takes the property subject to that lien. They can’t just ignore it. If they don’t pay the lien, the creditor can take the property.
The grantor (you) typically remains liable for the mortgage unless the lender releases you from it. This means if the grantee stops paying the mortgage, the bank can come after you for the money. You need to get the lender’s permission to transfer the property, and you should request a release of liability.
To protect yourself, contact the bank before signing the quitclaim deed. Ask them to recognize the new owner as the borrower and release you from liability. This requires the grantee to qualify for the mortgage on their own or for the bank to accept the transfer. If the grantee can’t qualify, the bank may force them to pay off the mortgage before the transfer happens.
For liens, you must pay off or resolve any liens before recording the quitclaim deed. If a contractor put a lien on your house for unpaid work, you must pay them or dispute the lien. If you don’t, the grantee inherits the problem, and they might come after you for fraud or concealment.
When there’s a mortgage on the property, the grantee should expect that the bank may have approval rights over the transfer. Some banks require the new owner to prove they can afford the payments. Others may require the mortgage to be paid off completely before allowing a transfer to someone outside the immediate family.
Do’s and Don’ts for Filing a Quitclaim Deed
| Do This | Why |
|---|---|
| Get the legal description from your current deed | County will reject deed with street address only |
| Have the deed notarized before submitting | South Carolina law requires notary signature |
| Make two copies of the notarized deed | One for county, one for your records |
| Confirm the recording fee with the county | Fees vary by county; check before submitting |
| Submit the transmittal form with your deed | County needs to know where to mail recorded copy |
| Keep the recorded deed after it comes back | Proof the transfer was official |
| Check that both spouses sign if both own property | Only one signature means transfer is invalid |
| State the consideration clearly | Prevents challenges that transfer wasn’t legitimate |
| Verify the correct county to record in | Wrong county means transfer doesn’t happen |
| Ask the lender about liability release | Protects you from future mortgage payments |
| Don’t Do This | Why |
|---|---|
| Don’t use the street address as legal description | County will reject the deed as incomplete |
| Don’t forget the notary’s signature and seal | Deed will be rejected and sent back |
| Don’t use nicknames or shortened names | Names must match legal ID exactly |
| Don’t leave the consideration blank | May be grounds to challenge the transfer |
| Don’t assume both spouses don’t need to sign | If both own it, both must sign |
| Don’t record in the wrong county | Transfer won’t be official for the right property |
| Don’t ignore mortgages or liens on the property | They transfer with the property to new owner |
| Don’t assume the grantee is automatically liable for mortgage | You may remain liable unless lender releases you |
| Don’t submit without a copy for your records | No proof later if questions come up |
| Don’t rush the process without checking requirements | County-specific rules vary; mistakes mean rejection |
Pros and Cons of Using a Quitclaim Deed
| Pros | Cons |
|---|---|
| Fast and simple process—can be done quickly | No warranties—buyer takes property “as-is” |
| Low cost—filing fees are minimal | Title problems become the grantee’s problem |
| Good for family transfers with trust | Risky for buyers; courts disfavor them for sales |
| Works for adding/removing spouse names | Lender may not recognize transfer for mortgage |
| No need for title insurance (usually) | Grantee may face difficulty refinancing later |
| Avoids probate when added to trust | Some title companies won’t insure quitclaim deeds |
| Handles divorce settlements efficiently | Bank may require full payoff before allowing transfer |
| Preserves privacy better than other deeds | Future buyers may distrust the title history |
Key Court Rulings About Quitclaim Deeds in South Carolina
South Carolina courts have ruled on several important questions about quitclaim deeds. In Strickland v. Strickland, the court held that a quitclaim deed is valid even if it conveys less than complete ownership. This means you can use a quitclaim deed to transfer just your share of a property if multiple people own it.
The court has also ruled that a quitclaim deed doesn’t require perfect title. You can quitclaim whatever you have, even if what you have is incomplete. This makes quitclaim deeds perfect for transferring partial ownership but risky for full property sales.
South Carolina courts have confirmed that the grantor (person giving the property) must have authority to sign the deed. If someone signs a quitclaim deed without owning the property, it’s invalid. The grantor must own at least some interest in the property to make the transfer legal.
Courts have ruled that consideration (something of value) should be present, though “love and affection” is sufficient. If no consideration is mentioned at all, courts might question whether the transfer was truly intended. This protects against claims that deeds were signed without understanding.
Recording Issues and How They Affect Your Deed
Once you submit the deed to the county recorder, they check it for completeness. If everything is correct, they stamp it with a date and time, assign it a book and page number, and add it to their records. The entire process typically takes 5 to 10 business days.
If the deed has errors, the recorder will reject it and send it back with a note explaining the problem. Common rejection reasons include missing notary signature, illegible information, or incorrect legal description. You then must fix the problem and resubmit.
If the recorder accepts the deed but makes an error in entering it—like misspelling the grantor’s name—you can file a corrective deed. A corrective deed fixes errors from the previous deed without needing to transfer the property again. This keeps the record accurate.
Once recorded, the deed is part of the permanent public record. Anyone can go to the county recorder’s office and look up the property to see who owns it and when deeds were filed. Title companies use these records to confirm ownership when someone buys property.
The book and page number assigned to your deed is how the county organizes and stores all deeds. Deeds are recorded in the order received, not alphabetically. This chronological recording creates a clear chain of ownership that anyone can trace by looking up successive deeds.
County-Specific Variations in Recording Process
While South Carolina has statewide recording rules, each county recorder’s office has slightly different procedures and fees. Some counties accept electronic filing through an online system, while others require in-person or mail submissions only. Charleston County accepts electronic submissions, while some rural counties still require in-person delivery.
Contact your specific county recorder’s office to ask about their requirements. Most counties have websites listing recording fees, acceptable document formats, and submission methods. Some counties charge extra for priority processing if you need the deed recorded quickly.
Greenville County, Charleston County, and Richland County are the most populous counties in South Carolina and have more streamlined processes because they handle thousands of deeds yearly. Smaller rural counties may process deeds more slowly and require more documentation. Oconee County and Jasper County often take longer to process deeds due to lower staffing levels.
Some counties allow you to submit deeds through the mail with a pre-addressed return envelope. The recorder processes the deed and mails it back within 2 to 3 weeks. Other counties require in-person submission or electronic filing to ensure accuracy.
What Happens After the Deed Is Recorded
Once the county records your quitclaim deed, the grantee is the legal owner of the property. They can now sell it, mortgage it, or leave it to their heirs. The grantor (you) has no further claim to the property unless the deed specifically reserved rights.
The grantee should receive title insurance if they’re buying the property. If they’re receiving it as a gift, they should consider getting an owner’s title policy to protect against future title problems. Title insurance costs $300 to $500 but protects against defects discovered years later.
The grantee must update their address with the county tax assessor so they receive property tax bills. They should also notify their homeowner’s insurance company that they’re now the owner. If the property has a mortgage, they should work with the lender to recognize them as the new owner and ensure they receive all loan documents.
If the grantor was on the mortgage, they should follow up with the lender to confirm they’ve been released from liability. Getting written confirmation protects them from future problems. Lenders sometimes make mistakes, so documenting the release in writing is important.
The grantee can now get homeowner’s insurance in their name, update voter registration and driver’s license address if needed, and make any changes to the property they wish. They become responsible for all maintenance, repairs, and property taxes going forward.
When You Need Legal Help vs. When You Can Do It Yourself
You can file a quitclaim deed yourself without a lawyer in most situations. The process is straightforward, fees are low, and mistakes are easily fixed. You need the legal description, signatures, notarization, and recording—all doable without professional help.
You should hire an attorney if the situation is complicated. If the property has title issues, multiple owners who can’t agree, or pending litigation, an attorney protects you. If significant money is involved or you’re transferring property as part of a major transaction, attorney involvement is worth the cost.
An attorney costs $300 to $1,000 but can save you from costly mistakes. They ensure the deed is correct, that all owners sign, and that the title transfer happens smoothly. Many attorneys offer flat fees for quitclaim deed preparation and filing.
You should also consult an attorney if you’re unsure whether a quitclaim deed is the right tool. If you’re selling property to a buyer, you should probably use a warranty deed instead, and an attorney can advise you on that choice. An attorney can also explain the tax implications specific to your situation.
For simple family transfers where everyone agrees, you typically don’t need an attorney. For complex situations involving trusts, multiple properties, or significant value, attorney guidance is worthwhile.
Tax Planning and Financial Impacts
Transferring property to avoid estate taxes is a common reason people use quitclaim deeds. If you’re concerned about estate taxes after you die, you might transfer property to a living trust using a quitclaim deed. This removes the property from your taxable estate while you’re still alive.
However, this strategy has limits. The property’s value still counts toward your lifetime gift exemption if you later make other gifts. Your heirs still have to pay property taxes on the transferred property going forward.
If you transfer property to a spouse, there’s generally no tax impact because spouses can transfer property between each other without any gift tax. This is called the “unlimited marital deduction.” However, if you later divorce, this transfers back into property division considerations.
If you’re transferring investment property, your heirs’ tax basis in the property becomes important. The tax basis is the value used to calculate capital gains tax when they sell. Generally, heirs get a “stepped-up basis” equal to the property’s value at the date of transfer, which can save them taxes.
For rental properties or investment properties, the grantee should work with a tax professional to understand the implications. They’ll inherit the original owner’s basis unless federal rules allow for a stepped-up basis at death.
Protecting Yourself When Receiving a Quitclaim Deed
Before accepting a quitclaim deed, do a title search to confirm no liens, mortgages, or other claims exist on the property. You can hire a title company to do this, or you can search the county records yourself online. A title search typically costs $200 to $400.
Ask the grantor if they know of any title problems, disputes, or claims on the property. Get this in writing if possible. If the grantor knows about problems and doesn’t tell you, you might have grounds to sue them later for fraud.
Find out if the property has any mortgages, property tax liens, contractor’s liens, or other debts attached to it. The grantor should provide documentation showing these are current or will be paid off before transfer. If not, you’re taking the property with these problems attached.
Get title insurance if you’re receiving a valuable property. For a family gift, you might skip this, but for any substantial property, title insurance protects you for life against future claims. An owner’s title policy provides protection even if you inherit the property.
Have a survey done if you’re unsure about property boundaries. A survey shows exactly where your land begins and ends. If neighbors have disputes or encroach on your land, the survey proves your exact boundaries.
Request the grantor provide proof that property taxes are current and paid. Ask for recent tax assessment notices and proof of payment. Some properties have years of back taxes owed, and you don’t want to inherit that debt.
Frequently Asked Questions
Q: Can I use a quitclaim deed to remove my name from a mortgage?
No. A quitclaim deed transfers ownership but doesn’t remove your name from the mortgage. You must contact the lender and request a release of liability or refinancing. Contact the lender directly; the deed alone won’t solve this.
Q: Do I need to pay capital gains tax when I give property away with a quitclaim deed?
No. Giving away property doesn’t trigger capital gains tax for you as the grantor. However, the grantee may owe capital gains tax later when they sell. They inherit your tax basis in the property.
Q: Can both spouses sign one quitclaim deed if they’re both on the mortgage?
Yes. If both spouses own the property and both are on the mortgage, both must sign one quitclaim deed transferring it. The deed shows both grantor names and both signatures.
Q: How long does it take to record a quitclaim deed in South Carolina?
Usually 5-10 business days. The county recorder processes deeds in the order received. Electronic filing might be faster. Contact your county recorder’s office for their specific timeline.
Q: Can I record a quitclaim deed if the property has a mortgage?
Yes. You can record a quitclaim deed even if the property has a mortgage. The mortgage stays attached to the property. The new owner becomes responsible for the mortgage payment.
Q: Do I need title insurance with a quitclaim deed?
Not always, but it’s smart for valuable property. Title insurance isn’t required but protects against future claims. For family gifts under $50,000, you might skip it. For larger transfers, title insurance is worth the cost.
Q: What happens if I die before recording the quitclaim deed?
The deed becomes invalid. A quitclaim deed must be signed and recorded while the grantor is alive. If you die before signing or recording it, the property becomes part of your estate. Your heirs would need to probate it.
Q: Can I change my mind after I sign a quitclaim deed?
Only if it hasn’t been recorded yet. Once recorded, it’s official and permanent. Before recording, you could potentially cancel it, but once filed, only a new deed can transfer it back.
Q: Does South Carolina have a time limit for recording a deed after I sign it?
No specific limit. You can record the deed immediately or years later, but recording it right away protects the grantee’s ownership. The sooner it’s recorded, the sooner their name appears in public records.
Q: What if I discover the property has a lien after I sign the quitclaim deed?
Contact the county immediately before recording. If you discover a lien after signing but before recording, don’t record it yet. Resolve the lien first. If you already recorded it, the grantee can pursue a claim against you for fraud if you knew about the lien.
Q: Can a tenant or person without ownership rights sign a quitclaim deed?
No. Only someone who owns at least some interest in the property can sign a quitclaim deed. If you sign a quitclaim deed for property you don’t own, it’s worthless and might be illegal.
Q: Is a quitclaim deed the same as a warranty deed?
No. A warranty deed guarantees clear title; quitclaim gives no guarantees. Use warranty deeds for sales and quitclaim for family transfers. Warranty deeds offer more buyer protection.
Q: Can I transfer property in South Carolina without recording the deed?
Technically yes, between you, but no for legal purposes. The transfer won’t be official against third parties without recording. Recording protects the grantee’s rights and is essential.
Q: What if the property description is slightly different on my deed?
Don’t record it—contact your county assessor first. Differences in property descriptions can cause serious problems. Clarify which description is correct before recording anything.
Q: Does a quitclaim deed require witnesses?
No, not in South Carolina. Only a notary signature is required. Witnesses aren’t necessary, though some people include them for extra proof.
Related reading
- Does a Quitclaim Deed Offer Any Guarantees? (With Examples) + FAQs
- Does a Quitclaim Deed Prove Full Ownership? (w/Examples) + FAQs
- How to File a Quitclaim Deed in Florida (w/Examples) + FAQs
- What Exactly Happens After a Quitclaim Deed is Filed? (w/Examples) + FAQs
- Harris County Quitclaim Deed Requirements (w/Examples) + FAQs
- How to File a Quitclaim Deed in North Carolina? (w/Examples) + FAQs
- Tax Consequences of a Quitclaim Deed Explained (w/Examples) + FAQs