A Rhode Island quitclaim deed transfers whatever interest the grantor currently holds in a property to the grantee, using the short statutory form in R.I. Gen. Laws § 34-11-12. To be effective against the world, it has to be filled in correctly, signed and acknowledged before a notary or other authorized officer, accompanied by a conveyance tax return and a smoke and carbon monoxide alarm certificate, and recorded in the land evidence records of the town or city where the property sits.
What the Deed Covers and What It Leaves Out
Rhode Island’s quitclaim deed is slightly more protective than the version used in some other states. Under § 34-11-18, the phrase “with quitclaim covenants” means the grantor warrants and defends the property against anyone claiming “by, through, or under the grantor.”1Rhode Island General Assembly. Rhode Island Code 34-11-18 – Meaning of Quitclaim Covenants If someone later shows up claiming the grantor already sold or pledged the same property to them, the grantor is on the hook.
What the deed does not cover is any defect that arose before the grantor owned the property. Old mortgages, judgment liens, unpaid taxes, easements, boundary disputes, and gaps in the chain of title all pass through to the grantee untouched. That is why quitclaim deeds are common for transfers between family members, between divorcing spouses, into or out of a trust, or to clear up a known title defect, and why they are the wrong choice when money is changing hands between strangers.
Because the grantee absorbs every risk that did not come from the grantor personally, a title search before accepting a quitclaim deed is cheap insurance. Liens follow the property, not the person, so a prior owner’s unpaid debts can lead to foreclosure even against a new owner who had nothing to do with them.
Information to Gather Before You Fill Anything In
The statutory form is short, but each blank demands precise information. Before you start writing, pull together:
- The full legal names and mailing addresses of both the grantor and grantee. No nicknames.
- The consideration. State the actual dollar amount if money is changing hands, or use “love and affection” or a nominal dollar for a gift transfer. The amount you list determines whether conveyance tax applies.
- The legal description of the property. A street address alone is not enough. Copy the metes-and-bounds description, plat number, and lot number verbatim from the most recent recorded deed, which lives in the land evidence records at the town or city clerk. The local tax assessor can also confirm plat and lot numbers.
- Any known encumbrances. The form has a space to list easements, restrictions, or liens affecting the property.
Filling Out the Statutory Form
Section 34-11-12 sets out the form, and § 34-11-17 confirms that a deed “substantially following” that form has the full legal effect of a fee simple transfer with quitclaim covenants.2Rhode Island General Assembly. Rhode Island Code 34-11-12 – Statutory Forms Set Out3Rhode Island General Assembly. Rhode Island Code 34-11-17 – Effect of Quitclaim Deed The exact wording is flexible, but every element must appear:
- Grantor’s name and address in the opening line.
- Statement of consideration (the dollar amount or “love and affection”).
- “Grant to,” followed by the grantee’s name and address.
- The phrase “with quitclaim covenants,” which triggers the limited warranty under § 34-11-18.
- The property description and any encumbrances.
- Date and the grantor’s signature line.
- The acknowledgment block, below the signature.
Under § 34-11-1.1, every person who signs the deed, including the notary, must have their name typed or printed immediately beneath or next to the signature. Leaving off the printed name does not invalidate the deed, but the recording fee goes up by two dollars.
Signing and Acknowledgment
Section 34-11-1 requires every conveyance of real property to be “made in writing duly signed, acknowledged as hereinafter provided, delivered, and recorded” in the land evidence records of the town or city where the property is located.4Rhode Island General Assembly. Rhode Island Code 34-11-1 – Conveyances Required to Be in Writing and Recorded Without acknowledgment and recording, the deed is void against third parties, though it remains valid between grantor and grantee themselves.
Only the grantor signs. The grantee’s signature is not required. Under § 34-12-2, a notary public is the usual choice to take the acknowledgment, but a justice of the peace, town clerk, or judge can also do it.5Rhode Island General Assembly. Rhode Island Code 34-12-2 – Officers Authorized to Take Acknowledgments If the grantor signs outside Rhode Island, any notary, judge, or justice of the peace authorized in that state can take the acknowledgment.
Supplemental Documents You Must Bring With the Deed
The deed is one piece of the recording package. The clerk will reject an incomplete submission.
Real Estate Conveyance Tax Return (Form CVYT-1)
Section 44-25-1 imposes a conveyance tax of $3.75 per $500 (or fraction of $500) of the purchase price on any transfer where the consideration exceeds one hundred dollars. For residential property with a sale price above $800,000, an additional $3.75 per $500 applies to the amount above that threshold.6Rhode Island General Assembly. Rhode Island Code 44-25-1 – Tax Imposed You calculate and report the tax on Form CVYT-1 from the Rhode Island Division of Taxation and pay it when you record.7State of Rhode Island Division of Taxation. Form CVYT-1 Real Estate Conveyance Tax Return
For gift transfers listing “love and affection” or a nominal dollar, the tax generally does not apply because consideration is at or below one hundred dollars, but you still file the CVYT-1 to document that fact. Rhode Island does not have a broad exemption for family transfers; the exemptions in § 44-25-2 are narrow, covering mainly government transfers and certain affordable housing transactions.8Rhode Island General Assembly. Rhode Island Code 44-25-2 – Exemptions
Smoke and Carbon Monoxide Alarm Certificate
At the time of any property transfer, the seller must give the buyer a certificate confirming that the home’s smoke and carbon monoxide alarms were inspected within 120 days before the sale date. The local fire department or the Office of the State Fire Marshal performs the inspection. The fee is a flat $30, paid by the seller, and a re-inspection costs $60 if the property fails the first time.9Office of the State Fire Marshal. Smoke and Carbon Monoxide Alarms
Lead-Based Paint Disclosure
If the home was built before 1978, federal law requires the seller to disclose known lead-based paint hazards, hand over any inspection reports, and give the buyer the EPA pamphlet “Protect Your Family From Lead In Your Home.” Buyers get a 10-day window to arrange their own inspection, which they can waive. Signed disclosures must be kept for three years.10US EPA. Real Estate Disclosures About Potential Lead Hazards Given the age of much of the state’s housing stock, this comes up often.
Nonresident Landlord Designation
If the grantee lives outside Rhode Island and plans to rent the property, § 34-18-22.3 requires them to designate a Rhode Island agent for service of process. The designation is filed in writing with both the Secretary of State and the clerk of the town or city where the property sits.11Justia. Rhode Island Code 34-18-22.3 – Nonresident Landlord to Designate Agent for Service of Process The Rhode Island Department of State publishes a standard form.12Rhode Island Department of State. Instructions for Filing Designation of Agent for Nonresident Landlord
Recording With the Town or City Clerk
Rhode Island records land documents at the municipal level, not the county level. Take the signed and acknowledged deed, the CVYT-1, the alarm certificate, and any other required documents to the clerk’s office in the town or city where the property is located.
The statutory recording fee for a quitclaim deed is $80, plus $1 for each additional page beyond the first.13Rhode Island General Assembly. Rhode Island Code 34-13-7 – General Recording Fees Add the conveyance tax payment on top of that where it applies. Some clerks accept only checks or money orders, so call ahead to confirm payment methods.
Once the clerk accepts the deed, it is indexed into the public land evidence records. That recording is what protects the grantee against later buyers and creditors; an unrecorded deed is valid between the two parties but can lose priority to a third party with no notice of the transfer. The clerk scans the deed, indexes it, and typically mails the original back to the grantee.
Mortgages and Liens Survive the Transfer
A quitclaim deed does not wipe out mortgages or liens attached to the property. Every encumbrance in place before the transfer stays in place afterward, and the grantee takes the property subject to all of them.
If the grantor has an outstanding mortgage, that mortgage stays with the property and the lender can still foreclose if payments stop. Most mortgage agreements include a due-on-sale clause that lets the lender demand full repayment when ownership changes, so transferring by quitclaim deed without telling the lender can trigger acceleration of the loan.
Judgment liens and tax liens behave the same way. The grantee is not personally liable for the grantor’s debts, but the property itself remains collateral, and a lienholder can pursue foreclosure against it in the new owner’s hands.
Tax Consequences for Grantor and Grantee
When property is transferred for less than fair market value, which is the usual quitclaim scenario, the IRS treats the transfer as a gift. The grantee inherits the grantor’s cost basis in the property rather than getting a stepped-up basis at current market value. If the grantor bought the home for $150,000 and it is now worth $400,000, the grantee’s basis is $150,000, and when the grantee eventually sells, capital gains tax applies to the difference between the sale price and that carried-over basis.
Had the same property passed by inheritance at death, the basis would step up to fair market value and the embedded gain would disappear. That difference can run into tens of thousands of dollars, and it is worth weighing before choosing a lifetime quitclaim transfer over other estate planning options.
If the grantor pays federal gift tax on the transfer, the grantee’s basis may increase by a portion of that tax attributable to the property’s net appreciation. The grantor is responsible for filing Form 709 if the property’s value exceeds the annual gift tax exclusion, though no tax is actually owed until the grantor’s lifetime exemption is used up.