A quitclaim deed in Arkansas transfers whatever ownership interest the signer currently holds in a piece of real property, with no promise that the interest is valid, complete, or free of other claims. It is the fastest way to move property between people who already trust each other, and the riskiest way to receive property from someone you don’t.
What the Deed Actually Transfers
The person signing (the grantor) gives up only what they personally own at the moment they sign. Full ownership in, full ownership out. A half interest in, a half interest out. Nothing in, nothing out. The deed itself makes no guarantees either way.1Arkansas Law Help. Quitclaim Deed
That “whatever I have” character is the whole point. The grantor does not promise they own the property, does not promise the title is clear of liens, and does not promise to defend the new owner (the grantee) if someone else later shows up with a competing claim. Everything that could go wrong with the title becomes the grantee’s problem.
Compare this to a warranty deed. Arkansas law gives special weight to the phrase “grant, bargain and sell”: when those words appear, the grantor is legally promising clear title and the duty to defend it, and a grantee who later discovers a defect can sue for breach of those covenants.2Justia. Arkansas Code 18-12-102 – Transfer by Deed A quitclaim deed deliberately avoids that language, typically using “remise, release, and quitclaim” instead, and the absence of warranty language is what strips the grantee of legal recourse.1Arkansas Law Help. Quitclaim Deed
When a Quitclaim Deed Makes Sense
Quitclaim deeds fit situations where the parties know each other and nothing is really being bought and sold. The common uses in Arkansas:
- A parent adding an adult child to the title of the family home, or gifting a property outright.
- A divorcing spouse transferring their interest in the marital home to the other spouse as part of a property division.
- Clearing a cloud on title, such as a misspelled name or ambiguous prior deed, by having the person with a potential claim sign away any interest they might have.
- Moving personally owned property into a trust or LLC you control.
A quitclaim deed offered by a stranger in an arm’s-length sale is a warning sign. Because the grantor promises nothing, you could end up owning a property burdened by unpaid taxes, undisclosed liens, or someone else’s competing claim. For any purchase from a party you don’t know, a warranty deed backed by a title search is the safer path.
What a Valid Arkansas Quitclaim Deed Must Contain
Arkansas does not publish a single mandatory form, but a quitclaim deed has to include certain elements to work:
- The full legal names and mailing addresses of the grantor and the grantee.
- Words of conveyance that make the quitclaim nature clear and avoid the warranty-creating phrase “grant, bargain and sell.”2Justia. Arkansas Code 18-12-102 – Transfer by Deed
- A statement of consideration. Even in gift situations, deeds usually recite a nominal amount such as “ten dollars and other good and valuable consideration.”
- A formal legal description of the property, taken from a prior deed or survey. The street address alone is not enough; use the description from the county assessor’s records or an earlier deed in the chain of title.
Spousal Consent for Homestead Property
If the grantor is married and the property is the couple’s homestead, the spouse must also sign the deed or sign a separate release of their interest. Without that signature, the transfer is not valid.3Justia. Arkansas Code 18-12-403 – Conveyance, Etc., of Homestead Arkansas also recognizes dower and curtesy rights, which give a surviving spouse an interest in the other spouse’s real property, so collecting a spousal signature is a good practice even when the property is not technically the homestead.
Witnesses and Notarization
Every deed conveying Arkansas real estate must be either signed in the presence of two disinterested witnesses, or acknowledged by the grantor before two such witnesses who then sign the document.4Justia. Arkansas Code 18-12-104 – Execution of Deeds This is a statewide rule, not a county-by-county variation. The grantor’s signature also has to be notarized.
Recording the Deed, Fees, and Transfer Tax
After the deed is signed, witnessed, and notarized, file the original with the recorder’s office in the county where the property sits. Recording is not technically required for the transfer to be effective between the grantor and the grantee, but an unrecorded deed is invisible to the public record, and a later buyer or creditor who checks the records can claim priority. Recording is what protects the new owner.
The filing fee is $15 for the first page and $5 for each additional page.5Justia. Arkansas Code 21-6-306 – Recorders If the recorder waives certain formatting requirements for good cause, an added $25 fee applies. Most quitclaim deeds run a page or two, so the recording cost is usually $15 to $20.
Arkansas also imposes a real estate transfer tax of $3.30 per $1,000 of consideration. On a property transferred for $150,000, the tax comes to $495. A Real Property Transfer Tax Affidavit of Compliance has to be submitted with the deed, showing the consideration paid and the tax due.6Justia. Arkansas Code 26-60-107 – Real Property Transfer Tax Affidavit of Compliance
Several transfer types are exempt. A spouse’s conveyance to the other spouse incident to divorce owes no transfer tax, and transfers to or from government entities and beneficiary deeds are also exempt.7Justia. Arkansas Code 26-60-102 – Transfers to Which Chapter Not Applicable A true gift still requires the affidavit, with the stated consideration driving the tax calculation.
Risks People Don’t See Coming
Your Title Insurance Can Disappear
Most owner’s title insurance policies tie continued coverage to the insured owner’s liability under deed warranties. A quitclaim deed carries no warranties, so there is nothing left for the insurer to cover, and the original owner’s policy typically terminates the moment the quitclaim deed is recorded. The grantee does not inherit the old policy, and most title companies will not issue a new policy to the grantee without a fresh title search paid for out of pocket. For family transfers where the property will eventually be sold, skipping this step can create expensive trouble when a future buyer’s lender demands proof of clean title.
Federal Gift Tax Reporting
When real property moves for less than fair market value, the IRS treats the difference as a gift. In 2026 the annual gift tax exclusion is $19,000 per recipient, and married couples who elect gift-splitting can give up to $38,000 per recipient without reporting. Real property is almost always worth more than that, so the donor will likely have to file IRS Form 709 for the year of the transfer.8IRS. Whats New – Estate and Gift Tax
Filing does not necessarily mean owing. The amount above the annual exclusion reduces the donor’s lifetime estate and gift tax exemption, which is $15,000,000 per individual in 2026.8IRS. Whats New – Estate and Gift Tax Most people will never use that up. But skipping the return brings IRS penalties, and there is no statute of limitations on a gift tax return that was never filed.
The Carryover Basis Trap
This is the one that actually costs families money. When you receive property as a gift, your cost basis for capital gains purposes carries over from the donor. Parents who bought a house in 1985 for $40,000 and quitclaim it to a child today when it is worth $250,000 pass along that $40,000 basis. Sell for $250,000 and the taxable gain is $210,000.9Office of the Law Revision Counsel. 26 USC 1015 – Basis of Property Acquired by Gifts and Transfers in Trust
Inherit the same property after the owner’s death and the basis steps up to fair market value at the date of death. Selling for $250,000 with a $250,000 basis produces zero taxable gain. For families using quitclaim deeds to move property to the next generation during life, the difference can run tens of thousands of dollars.
Medicaid Look-Back
Transferring property for less than fair market value can disqualify the grantor from Medicaid long-term care benefits. Federal law establishes a 60-month look-back: when someone applies for Medicaid nursing home coverage, the state reviews all asset transfers made during the five years before the application.10Office of the Law Revision Counsel. 42 USC 1396p – Liens, Adjustments and Recoveries, and Transfers of Assets Any uncompensated transfer in that window triggers a penalty period during which Medicaid will not pay for nursing home care.
The penalty is calculated by dividing the uncompensated value of the transferred asset by the average monthly cost of nursing home care in the state. A $150,000 property given away for nothing can produce more than a year of ineligibility. Transfers to a spouse, to a child under 21, or to a blind or disabled child are exempt, among others, but the exemptions are narrow. Anyone considering a quitclaim deed as part of later-life planning should talk with an elder law attorney first, because timing and structure can make the difference between qualifying for benefits and facing a devastating coverage gap.
There Is No Taking It Back
Once a quitclaim deed is signed and recorded, the transfer is permanent. No cooling-off period, no right of rescission, no expiration date. Getting the property back requires the grantee to voluntarily sign a new deed returning it, or a lawsuit alleging fraud, duress, or undue influence. Those lawsuits are hard to win. The document is simple, but the legal finality is the same as any other property transfer, so be certain of the decision before signing.