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 Tennessee 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, where to record (or "register," as Tennessee calls it) the deed, whether the recordation tax applies to your situation, and Tennessee's distinctive rule for how quitclaim deeds are taxed.
The good news is that Tennessee gives quitclaim deeds a real advantage here: the tax is based only on what was actually paid, not the property's market value, so a true gift usually owes little to nothing.
Good News Specific to Quitclaim Deeds:
Most Tennessee deeds are taxed on the greater of the consideration paid or the property's fair market value. Quitclaim deeds are the exception: the recordation tax on a quitclaim deed is based only on the actual consideration given.
In practice, that means a genuine gift with no money changing hands generally owes little to no tax, since there's no consideration to tax in the first place. Deeds that create or end a tenancy by the entirety between spouses, and many trust and divorce-related transfers, are separately exempt outright.
What You Need Before Filling Out the Deed
Before you start typing names into a deed form, gather the information Tennessee registers of deeds commonly expect.
- Current deed or previously recorded deed
- Grantor's full legal name, address, and marital status
- Grantee's full legal name, address, and marital status
- Complete legal description of the property, plus the parcel number
- Tennessee county where the property is located
- The name of whoever prepared the deed, printed on the deed
- The name of whoever will be responsible for property taxes going forward
- A statement of consideration, verified by the grantee if the transfer isn't exempt
- Notary acknowledgment (or proof by two witnesses) for the grantor's signature
- Recording fees and any recordation tax due
How to Fill Out a Tennessee Quitclaim Deed
Step 1: Identify the Correct Register of Deeds
Tennessee deeds are registered with the Register of Deeds in the county where the real property is located. Tennessee statutes use the word "register" rather than "record," but it's the same process.
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, address, and marital status. Tennessee also requires the deed to state who prepared it, typically as "This instrument was prepared by (Name), (Address)."
Step 3: Enter the Grantee Information
The grantee is the person receiving the property interest.
Include the grantee's full legal name, address, and marital status, along with who will be responsible for the property taxes going forward.
Step 4: Choose the Ownership Wording Carefully
If there is more than one grantee, specify the ownership form clearly. Married couples adding one another to title often create a tenancy by the entirety, which is specifically recognized under Tennessee law and carries its own transfer tax exemption.
Step 5: Add the Legal Description
Use the complete legal description from the current deed or a previously recorded deed, identifying the state, county, and municipality (if applicable) in the first paragraph. A street address may help identify the property, but it is not a substitute for the full legal description.
Step 6: State the Consideration
Tennessee deeds commonly state a nominal consideration, such as "$10.00," or an accurate statement that the transfer is a gift with no consideration. Since quitclaim deeds are taxed on actual consideration only, stating this accurately matters.
Step 7: Sign and Notarize the Deed
The grantor typically signs before a notary public , who completes the acknowledgment. Tennessee law also allows the signature to be proved by two witnesses instead, though notarization is the far more common and straightforward path.
Tennessee 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's register of deeds will accept a remotely notarized deed. Learn more on our Remote Online Notarization by State page.
Step 8: Confirm the Recordation Tax Treatment
If your transfer isn't exempt, the grantee generally signs a statement verifying the actual consideration or value, which is used to calculate the tax at $0.37 per $100. Remember that quitclaim deeds are taxed on actual consideration only, not fair market value.
If your transfer is exempt, such as a spousal tenancy-by-the-entirety transfer or a qualifying trust transfer, state the basis for the exemption on the deed instead of a consideration figure.
Step 9: Register the Deed
Submit the signed and notarized deed, along with the recording fee and any recordation tax due, to the Register of Deeds in the county where the property is located.
Some counties may ask for a recent property tax bill or assessment statement to help confirm the legal description. Recording fees in Tennessee tend to be relatively low, often in the $15 to $30 range.
Will You Owe Recordation Tax?
For a lot of the situations that bring people to this page, the answer is: often little or nothing.
Most Tennessee deeds are taxed on the greater of the consideration paid or the property's fair market value, but quitclaim deeds get different treatment: the tax is based only on the actual consideration given. If you are genuinely giving property away with no payment involved, there is effectively no consideration to tax.
On top of that, deeds that create or end a tenancy by the entirety between spouses are specifically exempt, which covers most spousal title changes and divorce-related transfers. Many transfers into a revocable living trust created by the property owner or their spouse, and deeds implementing a will through an executor, are exempt as well.
For non-exempt transfers involving a real sale price, the rate is $0.37 for every $100 of the greater of consideration or fair market value.
Tennessee Signing and Recording Notes
- Tennessee deeds are registered with the Register of Deeds in the county where the property is located.
- The grantor's signature is typically notarized, or alternatively proved by two witnesses.
- Use the complete legal description, not just the street address.
- Quitclaim deeds are taxed on actual consideration only, not fair market value.
- Tenancy-by-the-entirety transfers between spouses are exempt from recordation tax.
- Many trust and divorce-related transfers are exempt as well.
- The deed must state who prepared it and who will be responsible for property taxes.
- Marital status of both parties should be included.
- Misstating the consideration or value on a taxable deed can be treated as perjury.
- Assuming a quitclaim deed changes responsibility for a mortgage is a common misconception.
Official Tennessee Sources
Common Tennessee Quitclaim Deed Mistakes
- Recording in the wrong county
- Using only the street address instead of the legal description
- Forgetting the preparer statement or the responsible-party-for-taxes statement
- Not realizing quitclaim deeds get more favorable tax treatment than warranty deeds
- Forgetting that the deed needs a notary acknowledgment or two witnesses
- Overstating or understating the consideration on a taxable transfer
- Leaving out marital status for the grantor or grantee
- Assuming every family transfer is automatically tax-exempt regardless of consideration
- 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 Tennessee Quitclaim Deed Process
A Tennessee quitclaim deed can be a practical way to update ownership, especially for family gifts, spousal transfers, trust transfers, and divorce-related transfers.
The key is to prepare the deed carefully, state the consideration accurately, notarize it correctly, and register it with the right county office. Since Tennessee taxes quitclaim deeds only on actual consideration, genuine gifts tend to come with a lighter tax bill than the same transfer would carry under a warranty deed.
Tennessee Quitclaim Deed FAQ
Where do I record a Tennessee quitclaim deed?
Register the deed with the Register of Deeds in the Tennessee county where the property is located.
Will I owe recordation tax if I give my house to a family member?
Often little or nothing. Tennessee taxes quitclaim deeds based only on the actual consideration paid, not the property's market value, so a true gift generally owes little to no tax.
Does a Tennessee quitclaim deed need to be notarized?
Yes, typically. The grantor's signature is acknowledged before a notary public, or alternatively proved by two witnesses.
Are transfers between spouses exempt from recordation tax?
Yes. Transfers that create or end a tenancy by the entirety between spouses are specifically exempt, which covers most spousal title changes and many divorce-related transfers.
Is this legal advice?
No. This page provides general educational information and is not legal advice.