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 clearing up a title question, a Kentucky quitclaim deed may be the document you need.
Filling out the deed is usually the easy part. What trips people up is the legal description, signing it correctly, whether your spouse needs to sign, a Certificate of Consideration many people don't expect, and Kentucky's transfer tax.
The good news is Kentucky's transfer tax is modest, and several common family situations are exempt from it. The part that surprises people most is that a married grantor's spouse often needs to sign too, even if that spouse's name has never been on the property.
What Kentucky Recording Involves:
Kentucky quitclaim deeds are recorded with the county clerk in the county where the property is located.
Kentucky deeds generally require a Certificate of Consideration, a sworn statement showing what was paid, or the property's fair cash value if it was a gift. See our Kentucky Certificate of Consideration page for the full details.
Kentucky also collects transfer tax on many deeds, generally $0.50 for each $500 of value. Several common situations are exempt — see our Kentucky Transfer Tax Exemptions page to check whether yours qualifies.
Married Grantors: Your Spouse May Need to Sign Too
If the grantor is married and owns the property in their name alone, Kentucky law expects the grantor's spouse to also sign the deed. This releases the spouse's dower and curtesy rights, a legal interest Kentucky gives to a spouse in property owned by the other spouse. Skipping this signature doesn't stop the deed from recording, but it can create real title problems down the road, since the spouse's interest was never properly released.
What You Need Before Filling Out the Deed
- Current deed or property record
- Grantor's full legal name, marital status, and mailing address
- Grantee's full legal name and mailing address
- Legal description of the property
- Kentucky county where the property is located
- Source of title, such as the prior deed book and page or instrument reference
- Your spouse's signature, if you're married and own the property alone
- An affidavit of descent, if you inherited the property and haven't recorded one yet
- Consideration amount, fair market value, or gift wording
- A Certificate of Consideration
- Transfer tax payment or exemption information
- Return mailing address after recording
How to Fill Out a Kentucky Quitclaim Deed
Step 1: Enter the Preparer Information
Kentucky requires the deed to name the person who prepared it, along with their signature, at the end of the document.
Step 2: Add the Return Address and Tax Bill Address
Include the mailing address where the recorded deed should be sent back, and the "in care of" address where future property tax bills should go.
Step 3: Fill In the Grantor's Information
The grantor is the person giving up their ownership interest. Use their full legal name, mailing address, and marital status.
Step 4: Fill In the Grantee's Information
The grantee is the person receiving the property. Include their full legal name and mailing address.
Step 5: Add the Legal Description
Copy the complete legal description from the current deed or official county property records. A street address alone isn't enough.
Step 6: Include the Source of Title
Kentucky county clerks expect the deed to identify how the grantor got the property, usually with the prior deed's book and page number. If the property came by inheritance rather than a prior deed, an affidavit of descent needs to be recorded first, naming the ancestor and the heirs.
Step 7: Check Whether Your Spouse Needs to Sign
If you're married and the property is titled in your name alone, your spouse generally needs to sign the deed too, to release their dower and curtesy rights. This applies whether or not the property is your family home.
Step 8: Complete the Certificate of Consideration
For a sale, this statement confirms the full amount paid. For a gift or a transfer with little or no payment, it generally needs to say the transfer is a gift and give the property's fair cash value. For the full details and sample wording, see our Kentucky Certificate of Consideration page.
Step 9: Sign and Notarize the Deed
The grantor signs the deed, and the signature must be acknowledged before a notary public , or alternatively proved by two subscribing witnesses. The Certificate of Consideration must also be signed and notarized.
Kentucky allows Remote Online Notarization (RON) , so a video call can sometimes take the place of an in-person visit.
Check with your county clerk first to make sure they'll accept a remotely notarized deed. More on our Remote Online Notarization by State page.
Step 10: Handle the Transfer Tax
If your transfer isn't exempt, expect to pay $0.50 for every $500 of taxable value at recording. If it is exempt, such as a transfer between spouses or a divorce-related transfer, state the exemption clearly. See our Kentucky Transfer Tax Exemptions page for the full list and sample wording.
Step 11: Record the Deed
Submit the signed, notarized deed and the Certificate of Consideration to the county clerk in the county where the property is located, along with the recording fee and any transfer tax due.
Recording fees are generally $33 for the first five pages, plus $3 for each additional page, though some counties charge more with added local fees.
Kentucky Signing and Recording Notes
- Kentucky deeds are recorded with the county clerk in the county where the property is located.
- The grantor's signature must be notarized, or proved by two subscribing witnesses.
- A married grantor's spouse should sign to release dower and curtesy rights.
- A Certificate of Consideration, sworn and notarized, is required on nearly every deed.
- Gifts and nominal-consideration transfers still need to state the property's fair cash value.
- Transfer tax is generally $0.50 per $500 of value, with several exemptions available.
- Include the source of title; an affidavit of descent is needed for inherited property.
- The deed should name the preparer and include a return address and tax bill address.
- Use the complete legal description, not just the street address.
- A quitclaim deed doesn't remove anyone from a mortgage — that takes a separate step.
Official Kentucky Sources
Common Kentucky Quitclaim Deed Mistakes
- Using only the street address instead of the legal description
- Leaving out the source of title reference
- Forgetting the Certificate of Consideration
- Forgetting a spouse's signature to release dower and curtesy rights
- Failing to notarize the Certificate of Consideration when required
- Using inconsistent names between the current deed and new deed
- Leaving out grantor or grantee mailing addresses
- Forgetting the tax bill mailing address
- Assuming a gift transfer automatically avoids all transfer tax or value reporting
- Failing to identify a transfer tax exemption when one applies
How This Fits Into the Kentucky Quitclaim Deed Process
A Kentucky quitclaim deed works well for family gifts, adding or removing a spouse, funding your own trust, and divorce-related transfers.
The main things to get right are the spousal signature question, the source of title, the Certificate of Consideration, and the transfer tax paperwork. Once those are in place, recording with the right county clerk finishes the job.
Kentucky Quitclaim Deed FAQ
Where do I record a Kentucky quitclaim deed?
Record the deed with the county clerk in the Kentucky county where the property is located.
Does a Kentucky quitclaim deed need to be notarized?
The grantor's signature must be acknowledged before a notary public, or alternatively proved by two subscribing witnesses.
Do I need my spouse's signature on the deed?
If you're married and own the property individually, yes. Kentucky law expects the spouse to also sign, releasing their dower and curtesy rights in the property.
Does Kentucky require a Certificate of Consideration?
Yes. Kentucky deeds generally require a sworn and notarized Certificate of Consideration stating the amount paid or, for a gift, the property's fair cash value.
Is this legal advice?
No. This page provides general educational information and is not legal advice.