South Carolina Quit Claim Deed: Recording Fee and Requirements

A South Carolina quit claim deed transfers whatever ownership interest the grantor happens to hold in a property, with no promise that the title is valid, clear, or even real. To be valid and recordable, it needs the grantor’s signature, two witnesses, an acknowledgment or proof of execution before a notary, and filing at the register of deeds in the county where the property sits. Recording costs a flat county fee (often $10 to $25) plus a state deed recording fee of $1.85 for every $500 of the property’s value.¹

What the Deed Actually Transfers

A quit claim deed passes along only what the grantor owns at the moment of the transfer. That interest could be full ownership, a partial share, or nothing at all. The grantor makes no warranty about the state of the title, whether other people have claims, or whether the grantor even had the legal right to transfer the property. South Carolina law does not require warranty language in a deed, so the quit claim form is a recognized and valid way to convey property.²

Because of that limitation, quit claim deeds fit situations where the parties already trust one another or the transfer is not a market sale. Common uses include moving property between family members, adding or removing a spouse’s name after marriage or divorce, placing property into a living trust, and correcting a title defect such as a misspelled name on an earlier deed.

What the Deed Must Contain

South Carolina imposes specific content requirements for any deed to be accepted for recording. Getting these right the first time saves a rejection at the counter.

Full legal names of the grantor and grantee, typed beneath the signatures so the register of deeds can index the document.
The grantee’s mailing address, which state law requires on the face of the deed.³
A legal description of the property, either by metes and bounds or by reference to a recorded plat with the book and page number. A street address alone is not enough.³
The property’s tax map number, which most county register of deeds offices require.
A statement of consideration. Gifts typically recite nominal consideration such as “for the sum of $5.00 and other good and valuable consideration.”
The grantor’s signature. The grantee does not need to sign.²

One requirement that catches people out is the derivation clause, which traces the chain of title by identifying where the grantor acquired the property, including the prior grantor’s name and the recording date of the earlier deed. South Carolina law requires this clause in deeds conveying an interest in land.³ Some counties waive it for quit claim deeds since the grantor is not warranting title, but check with your county register of deeds before filing.

Signing, Witnesses, and Acknowledgment

South Carolina requires two witnesses for a valid deed. The grantor signs in the presence of both witnesses, and both witnesses then sign as well.² The two-witness rule applies whether or not the deed is notarized.

For the deed to be accepted for recording, one additional step is required: the deed must be either proved or acknowledged.³ These are two different paths to the same result.

Proof by witness affidavit. One of the subscribing witnesses signs an affidavit before a notary or other officer authorized to administer oaths, stating that they watched the grantor sign the deed.
Acknowledgment by the grantor. The grantor appears in person before a notary or other authorized officer and confirms that the signature is genuine and voluntary. The officer then completes the statutory certificate of acknowledgment and affixes an official seal.

Most people use acknowledgment because it is simpler when everyone is together at a signing. Use black or dark blue ink for all signatures. South Carolina does not require a spouse’s joinder when the grantor is the sole owner of the property.

Recording the Deed

Once the deed is signed, witnessed, and acknowledged or proved, you file it with the register of deeds in the county where the property is located. Recording creates a public record and protects the grantee against later claims by third parties who did not know about the transfer.

Do not put Social Security numbers or financial account numbers on the deed. Present pages in the correct order with names typed beneath every signature.

Recording fees for a deed vary by county. Charleston County, for example, charges $15 to record a deed.⁴ Most counties fall in the $10 to $25 range for comparable documents.⁵ Call ahead to confirm the current amount.

File promptly. South Carolina’s recording statutes protect later purchasers and creditors who take without notice of an earlier unrecorded transfer. If the grantor conveys the same property to someone else before your deed is recorded, and that second buyer records first without knowing about you, the property can be lost.

The State Deed Recording Fee

On top of the flat county fee, South Carolina imposes a deed recording fee based on the property’s value: $1.85 for every $500 of value, or any fraction of $500.¹ A $200,000 property produces a fee of $740. The parties can decide who pays it, though the grantor usually does.

The register of deeds requires an affidavit of value with the deed. A person connected to the transaction must sign it and state that connection. The clerk has discretion to waive the affidavit, but plan on submitting one.

Exemptions From the Deed Recording Fee

Many quit claim transfers qualify for an exemption because no real sale is happening. Exempt categories include:¹

Transfers between spouses or incident to divorce (those covered by Internal Revenue Code Section 1041).
Transfers from a family trust to a beneficiary, or from a family partnership to a partner, where no consideration passes beyond a reduction in the recipient’s interest. “Family” under the statute reaches spouses, parents, grandparents, siblings, children, stepchildren, grandchildren, and their spouses and descendants.
Transfers into a corporation, partnership, or trust where the grantor becomes or already is an owner or beneficiary, with the only consideration being stock or an ownership interest.
Partitions among co-owners where no payment changes hands beyond the exchange of interests.
Transfers where the property’s value is $100 or less.

You still file the affidavit when claiming an exemption, but you do not need to state the property’s value. The affidavit must identify the specific exemption.

The Deed Does Not Remove the Grantor From the Mortgage

This is where quit claim deeds cause the most trouble. Signing over the deed does not remove the grantor’s name from an existing mortgage. The mortgage is a separate contract between the borrower and the lender, and the deed does not touch it. If the grantor quit claims the property to someone else and the mortgage stays in the grantor’s name, the grantor remains personally liable for the payments. A missed payment still damages the grantor’s credit, and the lender can still foreclose.

Most mortgages also carry a due-on-sale clause, which lets the lender demand full repayment when the property changes hands. Transferring by quit claim deed can trigger it. Federal law, however, blocks lenders from enforcing the clause on residential property with fewer than five units in several situations common to quit claim transfers:⁶

Transfers where the borrower’s spouse or children become owners.
Transfers resulting from a divorce decree or legal separation agreement.
Transfers to a relative after the borrower’s death.
Transfers into a living trust where the borrower stays a beneficiary.

Outside those protected categories, the lender can call the loan due. Many lenders will not act as long as payments continue, but that is goodwill, not a right. If the grantee is taking over the payments, refinancing in the grantee’s name is the clean way to get the grantor off the loan.

Property Tax Reassessment

A quit claim transfer can trigger a reassessment of the property’s value for property tax purposes. Under South Carolina’s Real Property Valuation Reform Act, the county assessor reappraises property to current fair market value as of December 31 of the year an “assessable transfer of interest” occurs.⁷ If assessed value has stayed low for years, a transfer can reset it to market and produce a much larger tax bill for the grantee.

Several common quit claim transfers are exempt from reassessment:

Transfers between spouses or incident to divorce (IRC Section 1041).
Transfers into a trust where the person creating the trust, or their spouse, is the sole present beneficiary.
Transfers to a corporation controlled by the transferor (IRC Section 351).
Contributions to a partnership (IRC Section 721).

Transfers to family members outside these categories can bring an unwelcome reassessment. Contact the county assessor before recording to find out how the transfer will be treated.

Federal Gift Tax

When a quit claim deed transfers property for less than fair market value, the IRS treats the difference as a gift. Quit claiming a $300,000 house to your adult child for nothing is a $300,000 gift in federal eyes.

The 2026 annual gift tax exclusion is $19,000 per recipient.⁸ Anything above that in a single year must be reported on IRS Form 709. Reporting does not automatically mean tax is owed. The excess counts against the lifetime gift and estate tax exemption, which for 2026 is $15,000,000.⁹ Most people will never hit that ceiling, but the form still has to be filed.

Transfers between spouses who are both U.S. citizens qualify for the unlimited marital deduction and are not subject to gift tax. Transfers incident to divorce under a court decree or separation agreement also fall outside gift tax rules under IRC Section 1041.

Title Insurance

If the grantor holds an owner’s title insurance policy, a quit claim transfer will likely end that coverage. Most policies remain in force only while the insured owner keeps an interest in the property or remains liable under warranty covenants in a deed. A quit claim deed does neither. Once recorded, the old policy protects no one.

The grantee does not inherit the grantor’s title insurance. A new owner’s policy means a new title search and a new premium. If the property has a complicated ownership history or the grantee expects to sell or refinance later, that cost is often worth carrying.

When a Quit Claim Deed Is the Wrong Tool

Quit claim deeds handle narrow problems well. They are wrong for arm’s-length purchases from a stranger, where the grantee needs the grantor to stand behind the title. A warranty deed obligates the grantor to defend the title against prior claims; a quit claim deed does not.

A quit claim deed also cannot transfer property the grantor does not own. If someone quit claims you a house they have no interest in, you receive nothing and have no legal claim against them, because they promised nothing. That is the single biggest difference between a quit claim deed and every other type of deed used in South Carolina.

1
South Carolina Legislature. South Carolina Code Title 12 Chapter 24 – Deed Recording Fee
2
South Carolina Legislature. South Carolina Code Title 27 Chapter 7 – Form and Execution of Conveyances
3
South Carolina Legislature. South Carolina Code Title 30 Chapter 5 – Recording Generally
4
Charleston County Register of Deeds. South Carolina Recording Fees
5
Greenville County Register of Deeds. Recording Requirements and Fees
6
Office of the Law Revision Counsel. 12 USC 1701j-3 – Preemption of Due-on-Sale Prohibitions
7
South Carolina Legislature. South Carolina Code 12-37-3150
8
Internal Revenue Service. Gifts and Inheritances
9
Internal Revenue Service. What’s New – Estate and Gift Tax