A quit claim deed in Minnesota is a written instrument that transfers whatever interest the grantor has in a piece of real estate to the grantee, with no promises about the quality of that interest. To be valid and recordable, it must identify the grantor and grantee, describe the property by legal description, be signed before a notary, and meet the state’s formatting rules. Once signed, it gets filed with the county recorder where the property sits, along with a $46 recording fee and a few supporting documents that catch people out if they don’t know to bring them.
What the Deed Must Contain
Minnesota Statutes Section 507.07 sets out a statutory form. The deed has to include the grantor’s name and place of residence, the grantee’s name and place of residence, the consideration paid (even if it is nominal), and a legal description of the property with the county named.1Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 507.07 – Warranty and Quitclaim Deeds The legal description is the formal parcel identification, not the street address. You can pull it from the current deed, the property tax statement, or the county recorder’s office.
The deed also needs a date and the grantor’s signature. Once signed, it conveys whatever interest the grantor holds at that moment. It does not sweep in anything the grantor acquires later. If the grantor gains additional rights to the same property after signing, those rights stay with the grantor unless the deed says otherwise.1Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 507.07 – Warranty and Quitclaim Deeds A warranty deed works the opposite way.
Formatting and Notarization
Section 507.093 spells out the physical requirements the county recorder checks before accepting anything for filing. White paper, at least 20-pound weight, no larger than 8.5 by 14 inches. Black ink, minimum 8-point font, with roughly half-inch borders on all four sides. The first page needs a 3-inch blank space at the top, divided between the county recorder on the right and the county auditor or treasurer on the left. The title of the deed appears below that space. No correction tape, no white-out, and the document has to be legible enough that the recorder’s equipment can reproduce it cleanly.2Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 507.093 – Standards for Documents to Be Recorded or Filed Miss any of these and the deed comes back unrecorded.
Section 507.24 requires that any conveyance of real estate be acknowledged before it can be recorded. The grantor signs in front of a notary public, who verifies identity and confirms the signature is voluntary. Both the grantor’s original signature and the notary’s original signature must appear on the deed. No additional witnesses are required. Electronic signatures and electronic recording are allowed under the Minnesota Real Property Electronic Recording Act, but not every county accepts electronic filings, so check with the recorder before relying on it.3Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 507.24 – Recordable, When
Recording the Deed
After signing and notarization, the deed goes to the county recorder in the county where the property sits. Recording creates the public record of ownership and protects the grantee against later claims by third parties who had no notice of the transfer.
Recording Fee
The base fee is $46, set by statute.4Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 357.18 – County Recorder Fees If the deed references more than four previously recorded instruments, add $10 for each extra reference.
Well Disclosure Certificate
This is the requirement people forget most often. Before transferring Minnesota real estate, the seller must disclose in writing the status and location of any known wells on the property. A well disclosure certificate signed by the seller accompanies the deed at closing and identifies each well as in use, not in use, or sealed. If the seller knows of no wells, the deed can carry a statement to that effect and skip the separate certificate. Without either the statement or the certificate, the recorder will refuse the filing. If the seller won’t provide a certificate, the buyer can sign one based on the available information.5Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 103I.235 – Real Property Sale, Disclosure of Location of Wells
Electronic Certificate of Real Estate Value
An electronic Certificate of Real Estate Value (eCRV) must be filed whenever Minnesota property is sold or transferred for consideration greater than $3,000.6Minnesota Department of Revenue. eCRV Guidelines Consideration includes any debt the grantee assumes. If the consideration is $3,000 or less, no eCRV is required, but the deed should say so. The eCRV is filed through the Department of Revenue’s online system.7Minnesota Department of Revenue. Electronic Certificate of Real Estate Value (eCRV)
Minnesota Deed Tax
Minnesota taxes the transfer itself, on top of the recording fee. When consideration exceeds $500 after subtracting any liens or encumbrances remaining on the property, the deed tax is 0.33% of the net consideration. On a $200,000 transfer, that comes to $660. When there is no consideration, or the net consideration is $500 or less, the tax is a flat $1.65.8Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 287.21 – Deed Tax Many quit claim transfers land here because the grantor is gifting the interest or moving it around within a family with no money changing hands. The deed tax is paid at recording and is separate from the $46 fee.
Divorce transfers get the same $1.65 treatment. When a spouse conveys their interest under a dissolution decree, the flat rate applies regardless of the property’s value, because the transfer has no independent consideration above $500.8Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 287.21 – Deed Tax One warning on divorce deeds: the deed only moves the ownership. The mortgage stays put. Unless the receiving spouse refinances, both spouses remain personally liable on the loan.
Federal Tax Consequences
State deed tax is only part of the picture. Federal treatment depends on whether the transfer is a sale, a gift, or a divorce-related transfer.
Gift Tax
Transferring property by quit claim deed without getting fair market value in return is a gift in the eyes of the IRS. For 2026, the annual gift tax exclusion is $19,000 per recipient.9Internal Revenue Service. IRS Releases Tax Inflation Adjustments for Tax Year 2026 Above that, the grantor files IRS Form 709. No tax is actually owed until the grantor uses up their lifetime exemption.10Internal Revenue Service. Gift Tax Transfers between spouses who are both U.S. citizens are generally exempt under the unlimited marital deduction.
Capital Gains Tax
If a quit claim deed is used in a sale, the grantor may owe capital gains tax on appreciation since they acquired the property. Minnesota follows the federal home sale exclusion: up to $250,000 in gain for a single filer, or $500,000 for a married couple filing jointly, on a primary residence owned and lived in for at least two of the previous five years. For gifts, the grantee takes the grantor’s original cost basis. That defers the capital gains bill, it does not eliminate it.
Medicaid Look-Back
Using a quit claim deed to move property out of your name before applying for Medicaid long-term care can backfire badly. Federal law imposes a 60-month look-back on asset transfers before an application.11Centers for Medicare and Medicaid Services. Transfer of Assets in the Medicaid Program If a transfer during that window was for less than fair market value, Minnesota calculates a penalty period by dividing the uncompensated value by the statewide average monthly payment for a skilled nursing facility at the time of application.12Minnesota Department of Human Services. MA-LTC Transfer Penalty The result is the number of months the applicant is ineligible for Medicaid-funded nursing home care. A $300,000 home transferred for nothing can produce a penalty stretching well over two years. If you are transferring property to family members for estate planning reasons, talk to an elder law attorney before signing anything.
What the Grantee Is Actually Getting
A quit claim deed makes no promises about title. The grantor is saying, in effect, whatever interest I have is yours. If the grantor had no interest, or the property carries liens, easements, or competing claims, the grantee has no recourse against the grantor under the deed.
That puts the due diligence on the grantee. A title search through a title company or attorney turns up existing liens, judgments, and other encumbrances. Title insurance covers financial losses from defects even a good search misses. Family members who trust each other often skip these steps; the risk is still real. Unpaid property taxes, old contractor liens from a remodel, and boundary disputes all have a way of surfacing after the deed is done.
Joint Tenancy and Tenancy in Common
The ownership structure on the property changes what a quit claim deed does, and the wrong language creates problems that are hard to unwind.
In a joint tenancy, all owners hold equal shares with a right of survivorship: when one dies, their share passes to the surviving owners outside probate. A quit claim deed from one joint tenant to a third party severs the joint tenancy. The new owner takes their share as a tenant in common, with no survivorship. A single joint tenant can do this without the other joint tenants’ permission.
In a tenancy in common, each owner holds a separate and potentially unequal share and can transfer it freely. There is no survivorship, so a deceased owner’s share passes through their estate. If you want the deed to create or preserve a joint tenancy, the deed has to say so explicitly. Minnesota defaults to tenancy in common when the ownership language is ambiguous.1Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 507.07 – Warranty and Quitclaim Deeds Having an attorney review the language before execution is worth the cost.