To file a quitclaim deed in Tennessee, prepare a deed that meets Tennessee’s content requirements, have the grantor’s signature notarized, and record the original at the Register of Deeds in the county where the property sits, paying the recording fee and, unless the transfer is exempt, the state transfer tax. A quitclaim deed passes whatever interest the grantor has to the grantee with no promise the title is clean, so it is best suited to transfers between people who already trust each other, such as spouses, family members, or co-owners restructuring how title is held.
Information to Gather First
Collect these details before you draft anything. Missing pieces are the most common reason a register’s office rejects a deed.
- Full legal names and mailing addresses for every grantor and grantee. Match the grantor’s name exactly to the current deed.
- Legal description of the property. Not the street address. Copy it verbatim from the current deed, whether it uses lot-and-block references in a subdivision or a metes-and-bounds description tracing the perimeter.
- Consideration. The value exchanged. Even when nothing of substance changes hands, Tennessee deeds usually recite a nominal amount such as “$10.00 and other good and valuable consideration.”
- Derivation clause. Tennessee requires every deed presented for recording to trace the grantor’s title to the prior recorded deed by book and page (or instrument) number. Pull it from the current deed.1Justia. Tennessee Code 66-24-122 – Parcel Identification Number or Affidavit Required on Deed
- Parcel identification number. The tax parcel ID is required on the deed and appears on the property tax bill or through the county assessor.1Justia. Tennessee Code 66-24-122 – Parcel Identification Number or Affidavit Required on Deed
- Grantee’s tax mailing address for future property tax bills.
- Preparer’s name and address. Tennessee will not accept a deed for recording unless the preparer’s name and address appear on the document.2Justia. Tennessee Code 66-24-115 – Name of Preparer of Instrument
Preparing the Deed
Tennessee does not publish an official state quitclaim deed form. A compliant form is available from a real estate attorney, a reputable legal forms provider, or an office supply source that stocks Tennessee documents. Using a Tennessee-specific form matters because it will include fields for the derivation clause, parcel ID, preparer statement, and oath of value.
Enter the names, addresses, consideration, and legal description into the corresponding fields. Copy the legal description exactly as it reads on the prior deed. Small discrepancies in distances, lot numbers, or boundary calls can create ambiguity about which property is being transferred. The preparer statement can be as simple as: “This instrument was prepared by [Name], [Address].”2Justia. Tennessee Code 66-24-115 – Name of Preparer of Instrument
Signing and Notarizing
The grantor signs the deed, and that signature must be acknowledged before an authorized official before the deed can be recorded.3Justia. Tennessee Code 66-22-101 – Authentication Tennessee authorizes several officials to take acknowledgments, including a notary public, a county clerk or deputy county clerk, and a clerk and master of a chancery court.4Justia. Tennessee Code 66-22-102 – Persons Authorized to Take Acknowledgments A notary public is the usual choice. The grantor appears in person, shows valid photo identification, and signs while the notary watches; the notary then completes the acknowledgment certificate, signs, and applies the seal.
Remote online notarization is also allowed if the notary follows Tennessee’s Online Notary Public Act and conducts the session over a two-way audio-video connection. When notarization happens remotely, the acknowledgment must note that the grantor appeared “by audio-video communication” rather than in person.3Justia. Tennessee Code 66-22-101 – Authentication
The grantee does not sign the conveyance itself, but the grantee (or an authorized agent) must sign the oath of value, a sworn statement on the deed declaring the actual consideration paid. The oath is sworn before the county register or another officer authorized to administer oaths. If the transfer is entirely exempt from the state transfer tax, no oath of value is required.5Justia. Tennessee Code 67-4-409 – Recordation Tax
Recording the Deed
Bring the original signed and notarized deed to the Register of Deeds in the county where the property is located. Many counties also accept filings by mail, but call ahead about procedure and payment methods. Once the register accepts the deed, the office records it, assigns an instrument number, and the document enters the county’s permanent land records. Keep a certified copy.
What It Costs
Recording Fee
Every county charges a recording fee, generally calculated per page with a minimum charge. A common base figure is around $5 per page, and some counties add a small data processing fee. Confirm the exact amount with the register’s office before you go.
State Transfer Tax
Tennessee’s transfer tax on recorded real property instruments is $0.37 per $100.6Tennessee Department of Revenue. Realty Transfer and Recordation Tax Manual For most deed types the tax is calculated on the greater of consideration or fair market value. Quitclaim deeds are treated differently: the tax is calculated only on the actual consideration.5Justia. Tennessee Code 67-4-409 – Recordation Tax Transferring a $250,000 home by quitclaim for $10 in nominal consideration produces transfer tax on $10, not on $250,000.
Several common transfers are fully exempt from the tax, including:
- Transfers between spouses that create or dissolve a tenancy by the entirety
- Divorce-related transfers under a settlement decree or property agreement
- Transfers to a revocable living trust created by the same person (or their spouse), and transfers back from the trust
- Executor or trustee deeds carrying out a will or trust distribution
- Division deeds splitting property among former co-owners
The full list appears in the statute.5Justia. Tennessee Code 67-4-409 – Recordation Tax The grantee is responsible for the tax, and the register collects it at recording.
Federal Gift Tax When Little or No Money Changes Hands
When property moves by quitclaim for little or no consideration, the IRS may treat the gap between fair market value and what was actually paid as a gift. The federal gift tax annual exclusion is $19,000 per recipient for 2026.7Internal Revenue Service. Gifts and Inheritances If the gift exceeds that amount, the giver must file IRS Form 709 for the year of the transfer.
Filing Form 709 does not automatically mean tax is owed. A lifetime basic exclusion of $15,000,000 applies for 2026, so most people can give away millions before any actual gift tax is due.8Internal Revenue Service. What’s New – Estate and Gift Tax The filing requirement itself is not optional. Transferring a $200,000 home to a family member for $10 is a gift of roughly $199,990 and must be reported. Transfers between spouses who are both U.S. citizens qualify for the unlimited marital deduction and generally do not trigger a filing.
Risks to Weigh Before You File
No Title Protection
The grantor promises nothing about the quality of the title. If the property carries a lien, an undisclosed easement, or a competing ownership claim, the grantee inherits the problem with no legal recourse against the grantor. This is the fundamental difference from a general warranty deed, where the grantor guarantees clear title and can be held liable if that guarantee fails.
Title Insurance
Most title insurance companies will not issue a new owner’s policy on title acquired through a quitclaim deed, and using a quitclaim deed can terminate the existing policy the grantor held. If a defect surfaces later, there is likely no insurance behind it. For any transfer where the grantee is paying real money, a warranty deed with a title search and policy is the safer route.
Mortgage Due-on-Sale Clauses
A quitclaim deed transfers title but does not remove the grantor from an existing mortgage. If the property is mortgaged, the transfer can trigger the loan’s due-on-sale clause, letting the lender demand the full remaining balance. Federal law protects certain transfers from enforcement of that clause, including transfers to a spouse or child of the borrower, transfers in a divorce or legal separation, transfers on the borrower’s death, and transfers into a living trust in which the borrower remains a beneficiary.9Office of the Law Revision Counsel. 12 USC 1701j-3 – Preemption of Due-on-Sale Prohibitions Outside those categories, the lender can call the loan due and, if it isn’t paid, foreclose. Before quitclaiming any mortgaged property, contact the lender or a real estate attorney.