South Carolina quitclaim deed

What a quitclaim deed does in South Carolina

A quitclaim deed moves your interest in a property to someone else immediately, without guaranteeing that the title is clean. That makes it the wrong tool for a sale to a stranger and the right tool for transfers between people who already trust each other. Spouses, family members, a trust you control, or an LLC you own. It is the most-used deed in America for exactly that reason.

When South Carolina homeowners use a quitclaim deed

• Add a spouse to the deed after marriage
• Remove an ex-spouse after a divorce
• Transfer property into a living trust
• Move property into an LLC you own
• Transfer between family members
• Correct a misspelled name or a scrivener's error on a prior deed
• Clear a possible cloud on title

What South Carolina requires on the deed

These are the execution and formatting rules registers of deeds enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.

How to complete and record it in South Carolina

1. 1Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Register of Deeds (or Clerk of Court) can provide one, usually for a few dollars.
2. 2Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
3. 3Complete the deedDeedly builds it with South Carolina's statutory language, the correct notary block, and the 3-inch first-page margin registers of deeds expect.
4. 4Sign in front of a notaryBring photo ID and 2 witnesses. Do not sign in advance. Every signature has to be made in the notary's presence.
5. 5Complete Affidavit for Taxable or Exempt TransfersSouth Carolina requires this alongside the deed, including for exempt transfers. Your filing packet explains which boxes apply to your situation.
6. 6Record it with the Register of Deeds (or Clerk of Court)File in the county where the property is located and pay the recording fee. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
7. 7Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.

What it costs in South Carolina

South Carolina charges a deed recording fee of $1.85 per $500 of value ($1.30 state + $0.55 county). It is customarily paid by the grantor.

Exemptions that commonly apply to a transfer like this: transfers between spouses, gifts with no consideration, transfers to or from a revocable trust, and transfers between family members where no consideration passes. You have to claim the exemption. The recorder won't apply it for you.

Where to record it in South Carolina

South Carolina deeds are recorded with the Register of Deeds (or Clerk of Court) in the county where the property sits, not where you live. There are 46 counties in South Carolina.

Most South Carolina recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your county's website for the list it works with.

Recording offices we cover in South Carolina: Greenville, Richland, Charleston, Horry, Spartanburg, Lexington, York, Berkeley. See all South Carolina recording offices.

What a quitclaim deed does NOT do

Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.

• It gives the new owner no warranty that the title is good. If a lien or a competing claim surfaces later, the grantee has no claim against the grantor under the deed.
• It does not remove anyone from the mortgage. The lender's loan is a separate contract; only a refinance or a release from the lender does that.
• It does not by itself avoid probate. The transfer happens now, not at death.
• Most title insurers will not insure a chain of title that rests only on a quitclaim from an unknown party.

Quirks of South Carolina law that catch people out

• South Carolina requires TWO witnesses to the grantor's signature in addition to the notary. This trips up most out-of-state DIY forms.
• An affidavit stating the value, or the exemption, must be attached to every deed.
• South Carolina abolished tenancy by the entirety.
• South Carolina does not recognize transfer-on-death deeds.

How to hold title in South Carolina

When two or more people take title in South Carolina and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in South Carolina: joint tenancy with right of survivorship and tenancy in common.