Louisiana is different from most states because it uses a civil-law system and uses parishes instead of counties. Real estate transfer documents may also be described with terms such as Act, Authentic Act, Act of Sale, or Act of Donation, rather than "deed."
If you're used to deed terminology from another state, Louisiana's wording may feel unfamiliar. The goal is the same: prepare a written document that transfers the property interest and record it in the proper parish records.
Important Louisiana Recording Note:
Louisiana real estate transfer documents are recorded in the conveyance records of the parish where the property is located.
Louisiana transfer documents are often prepared as an Authentic Act. In plain English, that usually means the document is signed before a notary public and two witnesses, and the notary and witnesses also sign. See our Louisiana Notarial Act and Witness Requirements page for the full details.
Louisiana does not appear to impose a general statewide real estate transfer tax like many states. However, Orleans Parish has its own local documentary tax — see our Orleans Parish Documentary Tax page if your property is there.
Giving Property to Family? You May Need a Different Document
If you're transferring property to a family member as a genuine gift, with nothing paid in return, Louisiana's proper instrument is usually an Act of Donation, not a quitclaim act. A quitclaim act is meant to release whatever claim you might have in a property, not to make an outright gift. An Act of Donation has its own strict requirements, so it's worth confirming with a notary which document actually fits your situation.
Louisiana is also one of the few states with forced heirship, which can limit how much property you're able to give away if you have children who qualify as forced heirs. If you're planning a large gift, this is worth discussing with a notary or attorney first.
Louisiana Terms That May Look Different
- Parish means the local recording area. Louisiana uses parishes instead of counties.
- Conveyance Records are the parish land records where real estate transfer documents are recorded.
- Immovable Property generally means real estate.
- Act is a Louisiana term often used for a legal document, such as an Act of Sale or Act of Donation.
- Authentic Act generally means a written act signed before a notary and two witnesses.
These terms matter because Louisiana may not describe every transfer document the same way other states describe deeds.
What You Need Before Preparing the Document
- Current deed, act, or property record
- Full legal name and mailing address of the current owner
- Full legal name and mailing address of the person receiving the property interest
- Marital status of both parties, and the spouse's full name if married
- Legal description or municipal description of the property
- Louisiana parish where the property is located
- Your spouse's consent, if the property was acquired during your marriage
- Consideration, donation language, or other transfer wording
- Notary information
- Two competent witnesses for signing
- Return mailing address after recording
- Parish recording fees and any local parish-specific charges
How to Prepare a Louisiana Quitclaim Deed or Transfer Act
Step 1: Identify the Correct Parish
Louisiana uses parishes instead of counties. Start with the parish where the property is located. The transfer document is recorded in the conveyance records for that parish.
Step 2: Confirm the Type of Transfer
Louisiana real estate transfers may be described as an Act of Sale, Act of Donation, Quitclaim, or another transfer act depending on the transaction. If the transfer is a true gift, an Act of Donation is usually the right fit rather than a quitclaim act. If it's a sale, family transfer with some payment, or title cleanup, wording should match the actual transaction.
Step 3: Enter the Parties
Enter the full legal names, domiciles, and mailing addresses of the current owner and the person receiving the property interest. Louisiana documents may use terms such as appearer, vendor, vendee, donor, donee, grantor, or grantee depending on the document style. Louisiana also expects the marital status of each party, including a spouse's full name if married, and a note about any recent change in marital status.
Step 4: Check Whether Your Spouse Needs to Consent
Louisiana is a community property state. If the property was acquired during your marriage, it's presumed to belong to both spouses, and both generally must consent to the transfer, even if only one name is on the title. Skipping this can make the transfer void or voidable later.
Step 5: Add the Property Description
Use the legal description, municipal address, or property description required by the parish recording office. Don't rely only on an informal description — it should match the prior recorded document or parish property records.
Step 6: State the Consideration or Donation Terms
State whether the transfer involves a sale price, nominal consideration, or a donation. If it's a genuine gift, remember that an Act of Donation, not a quitclaim act, is usually the appropriate document. Wording should be consistent with the actual purpose of the transfer.
Step 7: Prepare for the Notary and Witnesses
Louisiana authentic acts generally require signing before a notary public and two witnesses. Make sure the witnesses and notary are available before anyone signs the document.
Step 8: Sign the Document Properly
The required parties sign the document. The two witnesses sign, and the notary public completes the notarial portion. Louisiana authentic act rules also require the typed or hand-printed name of each person to appear legibly beneath the signature.
For the full details on who can witness, whether the notary can double as a witness, and other signing questions, see our Louisiana Notarial Act and Witness Requirements page.
Step 9: Check Parish Recording Requirements
Parish recording offices may have formatting, margin, page-size, fee, return-address, and document-title requirements. Check the parish clerk or recorder requirements before submitting the document. Formatting commonly expected includes a clear document title, a 2-inch top margin on the first page, and 1-inch side and bottom margins.
Step 10: Record the Document
Record the completed transfer document in the conveyance records of the Louisiana parish where the property is located. If the property is in more than one parish, review recording requirements for each. If the property is in Orleans Parish, also check the local documentary tax before recording.
Louisiana Recording and Parish Notes
- Louisiana uses parishes instead of counties.
- Real estate transfer documents are recorded in the conveyance records.
- The recording office is usually connected with the parish clerk of court or recorder.
- A true gift is usually made by Act of Donation, not a quitclaim act.
- Louisiana is a community property state, so a spouse's consent is often needed.
- The document should be recorded in the parish where the property is located.
- Documents usually need a clear title or caption showing the type of act.
- Parish recording fees and formatting rules can vary.
- Orleans Parish has special recording and documentary tax rules.
Louisiana Transfer Costs
Louisiana does not appear to impose a general statewide real estate transfer tax like many states. Parish recording fees still apply, generally based on the length of the document, the number of names listed, and whether you request a certified copy.
Orleans Parish is the exception worth knowing about: it has its own local documentary tax on many recorded real estate transfer documents. See our Orleans Parish Documentary Tax page if your property is located there.
Official Louisiana Sources
Common Louisiana Quitclaim Deed Mistakes
- Assuming Louisiana uses counties instead of parishes
- Using a quitclaim act for a true gift instead of an Act of Donation
- Forgetting a spouse's consent for community property
- Using a deed form from another state without adapting it to Louisiana terminology
- Failing to use a proper notary and two witnesses when an authentic act is needed
- Forgetting printed names beneath signatures
- Using only a street address instead of a proper property description
- Recording in the wrong parish
- Failing to check Orleans Parish documentary tax when the property is there
How This Fits Into the Louisiana Quitclaim Deed Process
When preparing a Louisiana quitclaim deed or transfer act, think beyond a simple form.
Louisiana terminology, the Act of Donation distinction, community property consent, notarial act rules, two-witness signing, and parish recording all matter. Preparing the document properly before signing and recording can help avoid delays at the parish recording office.
Louisiana Quitclaim Deed FAQ
Where do I record a Louisiana quitclaim deed?
Record the document in the conveyance records of the Louisiana parish where the property is located.
Does Louisiana use counties?
No. Louisiana uses parishes instead of counties.
Is a quitclaim deed the right document for giving property to a family member?
Not usually. For a true gift with nothing paid in return, Louisiana's proper instrument is an Act of Donation, which has its own formal requirements. A quitclaim act is meant for releasing a possible claim, not making a gift.
Does my spouse need to sign a Louisiana property transfer?
Often yes. Louisiana is a community property state. If the property was acquired during the marriage, both spouses generally must consent, even if only one spouse's name is on the title.
Is this legal advice?
No. This page provides general educational information and is not legal advice.