An Indiana quitclaim deed transfers whatever interest the grantor holds in a piece of real property to the grantee, with no promises about the condition of the title or whether the grantor owns anything at all. That is why the form shows up most often in transfers between spouses, parents and children, divorcing couples, and property owners funding a living trust. Filling it out is not complicated, but Indiana sets specific rules for the wording, the paper, the notarization, and a three-office filing sequence at the county level that catches people who assume they can just hand the document to the recorder.
What to Gather Before You Draft
Pull your information together before you open the form. You need the full legal names and current mailing addresses of both the grantor (the person giving up the interest) and the grantee (the person receiving it). Use the grantor’s name exactly as it appears on the current deed, and the grantee’s full legal name as they want it recorded. Nicknames and abbreviations get deeds rejected.
You also need the property’s full legal description. A street address will not do. The legal description sets out the lot number, subdivision, section information, and boundary references as they appear in the official land records. You can copy it from the most recent recorded deed or pull it from the county assessor. Transcribe it exactly. A missed digit in a lot number can create title problems years later.
Finally, decide the consideration — the value exchanged for the property. In many quitclaim transfers consideration is nominal (“ten dollars and other valuable consideration”) or the transfer is an outright gift. List what actually changed hands, because the figure enters county records and can affect tax assessment.
Required Statutory Language
Indiana law specifies the wording that makes a quitclaim deed effective. Under IC 32-21-1-15, the operative language is “A.B. quitclaims to C.D.” followed by a description of the premises and the consideration. The statute’s template reads: “‘A.B. quitclaims to C.D.’ (here describe the premises) ‘for the sum of’ (here insert the consideration).”1Indiana General Assembly. Indiana Code 32-21-1-15 – Conveyances by Quitclaim The word “quitclaims” is what separates this instrument from a warranty deed. Write “conveys and warrants” instead and you have drafted something else entirely.
The deed must also carry a prepared-by statement identifying who drafted it, in the form “This instrument was prepared by (name).”2Indiana General Assembly. Indiana Code Title 36 Local Government 36-2-11-15 If you drafted it, your name goes there. If an attorney drafted it, the attorney’s name and address do.
Formatting the Document
Indiana county recorders are strict about physical presentation. IC 36-2-11-16.5 sets minimum formatting standards, and a deed that misses them comes back:3Indiana General Assembly. Indiana Code 36-2-11-16.5 – Requirements for Instrument
- White paper, at least 20-pound weight, no larger than 8½ by 14 inches. Standard letter size works.
- Margins on the first and last pages of at least 2 inches top and bottom and ½ inch on each side.
- Margins on interior pages of at least ½ inch on all four sides.
- Black ink, at least 10-point font, typewritten or computer-generated. Handwritten deeds will not be accepted.
The top margin on page one matters most, because the recorder uses that space for the official recording stamp. Text that creeps into it will send the deed back. Do not place a Social Security number anywhere on the document. Indiana law bars SSNs on mortgage instruments presented for recording, and county recorders apply the same expectation to deeds.4Indiana General Assembly. Indiana Code Title 36 Local Government 36-2-11-26
Signing and Notarization
The grantor signs in front of a notarial officer, who then supplies a formal acknowledgment. Indiana law requires either an acknowledgment or a proof before an instrument can be recorded.5Indiana General Assembly. Indiana Code 32-21-2-3 – Notarial Acts Recording Requirements For most quitclaim deeds, an in-person acknowledgment is standard: the grantor appears before the notary and confirms the signature is voluntary. Indiana also permits remote notarization through audio-video technology.
The notary’s certificate must show the date of the notarial act, the notary’s signature, printed name, official seal, commission expiration date, and the Indiana county of commission.6Indiana General Assembly. Indiana Code 33-42-9-12 – Authentication by Certificate Requirements Changes Missing or illegible elements will get the deed rejected. An Indiana notary can charge up to $10 per signature for in-person acknowledgment and up to $25 for a remote notarial act.7Indiana General Assembly. Indiana Code 33-42-14-1 – Notary Public Fees
Only the grantor has to sign. The grantee does not. If more than one person owns the interest being transferred — a married couple deeding jointly, for instance — every grantor signs and every signature is notarized.
The Three-Office Filing Sequence
Recording a deed in Indiana is not a one-stop errand. In most counties you visit three offices in a set order before the deed is officially on record.
- County Assessor first. The assessor reviews and stamps the deed. If a sales disclosure form is required, the assessor processes it here.8Hamilton County, IN. Recorder’s Office
- County Auditor next. The auditor handles the official transfer and maps the parcel to the new owner. There may be a fee at this step, and some auditor offices accept only cash or check.
- County Recorder last. The recorder indexes the document in the public land records and returns the stamped original to the grantee as proof of the transfer.
Recording fees vary by county, with a base around $25 for a standard deed in some counties. Payment rules vary too — some recorders accept credit cards with a convenience fee, others take only cash or check. Call the recorder in the county where the property sits to confirm fees and accepted payment before you go. Many counties also allow mail-in filing or electronic recording through an eRecording platform that returns a recorded copy digitally.
When a Sales Disclosure Form Is Required
Indiana generally requires a completed Sales Disclosure Form (State Form 46021) whenever real property is conveyed, under IC 6-1.1-5.5.9Indiana General Assembly. Indiana Code 6-1.1-5.5-3 – Sales Disclosure Form Filing The state uses the data to keep assessed values accurate. Buyer and seller both complete and sign the form before the conveyance document goes to the auditor.
Several quitclaim scenarios are exempt. You do not need to file the form for:
- Quitclaim deeds that are not serving as a source of title, where a prior deed in the chain already establishes ownership
- Transfers for no consideration or gifts
- Transfers to correct a previously recorded document
Because most quitclaim deeds involve family transfers, gifts, or trust transfers with no real sale price, many filers will not need the form at all. When in doubt, call the county auditor. If the form is required, bring it with you when you visit the assessor; that office will reject the package if a required sales disclosure is missing.
Mortgage and Due-on-Sale Risks
A quitclaim deed moves the title. It does nothing to the mortgage. If the property has an outstanding loan, the original borrower remains fully responsible for payments after the deed is recorded. The lender’s claim runs against the person on the promissory note, not the person on the title. The only ways to remove the original borrower’s loan obligation are to refinance in the new owner’s name or to get the lender to formally release the borrower.
More urgently, transferring the property can trigger a due-on-sale clause, letting the lender demand immediate repayment of the entire loan balance. The federal Garn-St. Germain Act, however, blocks the lender from enforcing that clause on residential property with fewer than five units when the transfer is:10Office of the Law Revision Counsel. 12 USC 1701j-3 – Preemption of Due-on-Sale Prohibitions
- To a spouse or children of the borrower
- The result of a divorce decree or separation agreement
- Into a living trust where the borrower remains a beneficiary
- To a relative upon the death of the borrower
- By operation of law on the death of a joint tenant
Those exceptions cover most situations where people actually use quitclaim deeds. If your transfer falls outside them — say, a quitclaim to an unrelated friend — talk to the lender first or risk having the full balance called due. One more wrinkle: existing owner’s title insurance policies are generally not transferable, so the grantee who takes property by quitclaim typically has no title coverage, and new policies on quitclaim transfers can be hard to obtain.
Gift Tax and the Capital Gains Basis Trap
Transferring real estate by quitclaim for less than fair market value — or for nothing — is a gift for federal tax purposes. Two numbers matter.
The annual gift tax exclusion for 2026 is $19,000 per recipient.11Internal Revenue Service. Gifts and Inheritances 1 If the property’s fair market value exceeds that amount, which it almost always does, the donor must file IRS Form 709 to report the gift. Filing does not necessarily mean paying tax; it counts the excess against the donor’s lifetime estate and gift tax exemption, which for 2026 is $15,000,000.12Internal Revenue Service. What’s New – Estate and Gift Tax Most people never exhaust the exemption, but skipping Form 709 causes problems later.
The larger hit often comes from capital gains tax when the grantee eventually sells. Property received as a lifetime gift carries over the donor’s original cost basis. If a parent bought a house for $50,000 in 1985 and quitclaims it to their child when it is worth $300,000, the child’s taxable gain on a future sale is calculated from the $50,000 basis, not from the $300,000 value at the date of the gift. If the same child had inherited the property at death, the basis would step up to fair market value and the gain could be wiped out. This is one of the most expensive mistakes people make with quitclaim deeds, and it is worth running past a tax professional before you sign.
Medicaid Lookback
Transferring your home through a quitclaim deed can also jeopardize Medicaid eligibility for long-term care. Federal law imposes a 60-month lookback: when someone applies for Medicaid nursing home coverage, the state reviews all asset transfers made during the five years before the application.13Office of the Law Revision Counsel. 42 USC 1396p – Liens, Adjustments and Recoveries, and Transfers of Assets Any transfer for less than fair market value, including quitclaiming a house to a child for nothing, triggers a penalty period during which Medicaid will not pay for nursing home care.
The penalty period is calculated by dividing the value of the transferred asset by the average monthly cost of nursing home care in Indiana. During the penalty, the applicant pays out of pocket even if no other assets remain. The clock does not start until the person has applied for Medicaid, is in a nursing facility, and would otherwise qualify, so the worst outcome lands on someone who needs care shortly after making the transfer.
Certain home transfers are exempt from the penalty:
- Transfer to a spouse
- Transfer to a child who is under 21 or who is blind or disabled
- Transfer to a sibling with an equity interest in the home who lived there for at least one year before the owner entered a nursing facility
- Transfer to an adult child who lived in the home for at least two years before the owner’s institutionalization and provided care that delayed nursing home placement
If the grantor is over 60 or in declining health and the transfer is for estate planning or asset protection, the Medicaid implications alone make it worth sitting down with an elder law attorney before anything is signed or recorded.