If you are adding a spouse to title, removing a former spouse, giving property to a family member, moving real estate into a trust, handling an inheritance, or cleaning up ownership records, a Delaware quitclaim deed may be the document you are looking for.
The deed itself is often the simple part. The details that cause confusion are usually the legal description, notarization and witnessing, which of Delaware's three counties handles recording, whether the realty transfer tax applies to your situation, and how quickly you need to record.
The good news is that Delaware exempts an unusually wide range of family transfers from its realty transfer tax, covering spouses, parents and children, and even siblings.
Good News for Family Transfers:
Delaware exempts conveyances between spouses, between divorced spouses, between parent and child (or the spouse of that child), and even between siblings, half-siblings, or step-siblings, from its realty transfer tax. That's a broader list than many states offer, since siblings often don't qualify for a family exemption elsewhere.
Every deed still needs a Realty Transfer Tax Return and Affidavit of Gain and Value filed with it, even when the transfer is fully exempt.
Delaware Rewards Whoever Records First:
Delaware follows a pure race recording system. If the same property is conveyed to more than one person, the deed that gets recorded first generally wins, regardless of which one was actually signed first. There's no statutory deadline for recording, but waiting creates real risk, so most people record as soon as the deed is ready.
What You Need Before Filling Out the Deed
Before you start typing names into a deed form, gather the information Delaware recorders of deeds commonly expect.
- Current deed or property record, including how the grantor originally acquired the property
- Grantor's full legal name, marital status, and mailing address
- Grantee's full legal name, mailing address, and vesting choice
- Complete legal description of the property, plus the county tax parcel ID if available
- The Delaware county where the property is located: New Castle, Kent, or Sussex
- Notary acknowledgment for the grantor's signature
- One witness signature, not otherwise named in the deed
- A Realty Transfer Tax Return and Affidavit of Gain and Value (Form 5402)
- Any county-specific forms, such as Kent County's New Property Ownership Form
- Recording fees and any realty transfer tax due
How to Fill Out a Delaware Quitclaim Deed
Step 1: Identify the Correct Recorder of Deeds
Delaware deeds are recorded with the Recorder of Deeds in the county where the real property is located. Delaware has only three counties, and each sets its own specific formatting and accompanying-document requirements, so check with the correct office before filing.
If the property spans more than one county, record the deed in each county where part of it sits.
Step 2: Enter the Grantor Information
The grantor is the current owner transferring their interest in the property.
Use the grantor's full legal name, mailing address, and marital status.
Step 3: Enter the Grantee Information
The grantee is the person receiving the property interest.
Include the grantee's full legal name and mailing address, along with how they want to hold title.
Step 4: Choose the Ownership Wording Carefully
If there is more than one grantee, Delaware presumes tenants in common unless the deed clearly states otherwise. Joint tenancy with right of survivorship must be expressly created in the deed's granting clause; without that language, a deceased owner's share passes through probate instead.
Step 5: Add the Legal Description
Use the complete legal description from the current deed or official county property records, and include the county tax parcel ID where available. If the deed corrects or references a previously recorded transfer, include the details of how the grantor originally acquired the property.
Step 6: Use Proper Quitclaim Language
Delaware's statutory deed form uses "grant and convey," which implies a warranty of title. A proper quitclaim deed replaces that with language stating the grantor releases and forever quitclaims the property, so the deed doesn't accidentally promise more than intended.
Step 7: Sign, Witness, and Notarize the Deed
The grantor must sign the deed, with the signature witnessed by one person who isn't otherwise named in the document, and acknowledged before a notary public . The notary can serve as that one witness, which simplifies the signing compared to states that require a separate witness in addition to the notary.
Delaware allows Remote Online Notarization (RON) , which lets you meet with a notary by secure live video instead of traveling to an office.
Before choosing online notarization, confirm your county recorder will accept a remotely notarized deed. Learn more on our Remote Online Notarization by State page.
Step 8: Complete the Realty Transfer Tax Return
Complete the Realty Transfer Tax Return and Affidavit of Gain and Value (Form 5402), stating the property's value and either the tax calculation or the applicable exemption. Kent County also requires a New Property Ownership Form, and each county has its own additional exemption or first-time homebuyer affidavits where relevant.
Step 9: Record the Deed
Submit the signed, witnessed, and notarized deed, along with the tax return and any required county forms, to the Recorder of Deeds in the county where the property is located. Recording promptly matters in Delaware more than in many states, given its race recording system.
Will You Owe Realty Transfer Tax?
For a lot of the situations that bring people to this page, the answer is: often not.
Delaware exempts conveyances between spouses, between divorced spouses, between parent and child (or the spouse of that child), and between siblings, half-siblings, or step-siblings from the realty transfer tax. Corrective deeds made without consideration, and transfers between a parent entity and its wholly owned subsidiary, are exempt as well.
Even on an exempt transfer, the Realty Transfer Tax Return and Affidavit of Gain and Value must still be filed with the deed, documenting the exemption rather than calculating a tax payment.
For transfers that aren't exempt, Delaware's realty transfer tax is notably higher than many states: a combined rate of 3%, or 2.5% in jurisdictions that have adopted the maximum local rate, generally split between the parties. It's worth confirming which rate applies in your specific municipality before assuming a transfer with real consideration will be inexpensive.
Delaware Signing and Recording Notes
- Delaware deeds are recorded with the Recorder of Deeds in one of only three counties.
- The grantor's signature must be notarized and witnessed by one person, who can be the notary.
- Delaware follows a pure race recording system, so recording promptly matters.
- Spousal, parent-child, and sibling transfers are broadly exempt from the realty transfer tax.
- A Realty Transfer Tax Return is required with every deed, exempt or not.
- Non-exempt transfers face a comparatively high combined tax rate, up to 3%.
- Use the complete legal description, plus the county tax parcel ID if available.
- Tenants in common applies by default unless joint tenancy is expressly created.
- Each county has its own additional forms; check before submitting.
- Assuming a quitclaim deed changes responsibility for a mortgage is a common misconception.
Official Delaware Sources
Common Delaware Quitclaim Deed Mistakes
- Recording in the wrong county, or missing a county when the property spans more than one
- Delaying recording, given Delaware's race recording system
- Using only the street address instead of the legal description
- Leaving off the grantor's marital status
- Forgetting the required witness signature
- Leaving out the Realty Transfer Tax Return, even on an exempt gift
- Missing a county-specific required form
- Using "grant and convey" language that implies a warranty of title
- Using unclear ownership wording when there is more than one grantee
- Assuming a quitclaim deed changes responsibility for a mortgage
How This Fits Into the Delaware Quitclaim Deed Process
A Delaware quitclaim deed can be a practical way to update ownership, especially for family gifts, trust transfers, estate planning, and divorce-related transfers.
The key is to prepare the deed carefully, arrange for a witness alongside notarization, complete the realty transfer tax paperwork, and record it promptly with the right county recorder.
Delaware Quitclaim Deed FAQ
Where do I record a Delaware quitclaim deed?
Record the deed with the Recorder of Deeds in the county where the property is located. Delaware has only three counties: New Castle, Kent, and Sussex.
Will I owe realty transfer tax if I give property to a family member?
Often not. Delaware exempts conveyances between spouses, between parent and child, and even between siblings, from the realty transfer tax. A tax return is still required with the deed either way.
Does a Delaware quitclaim deed need to be notarized?
Yes. The grantor's signature must be acknowledged before a notary public. Delaware also requires one witness who isn't otherwise named in the deed; the notary may serve as that witness.
How does Delaware decide who owns property if it's transferred twice?
Delaware follows a pure race recording system. Whoever records first generally wins, regardless of when the deeds were signed, which makes prompt recording especially important.
Is this legal advice?
No. This page provides general educational information and is not legal advice.