South Carolina Quit Claim Deed

A quit claim deed is a common deed used to transfer property from one person to another in South Carolina.

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Quit Claim Deed document preview
Quit Claim Deed document preview

What Is a Quit Claim Deed in South Carolina?

A South Carolina quit claim deed is a legal document used for transferring ownership of real estate from one party (the grantor) to another (the grantee) without providing any guarantees about the property's title or the grantor's ownership rights. The person giving the property, known as the grantor, and the person receiving the property, known as the grantee, must be accurately identified in the document to ensure a valid transfer. Under S.C. Code Ann. § 27-7-10, the deed conveys only the interest the grantor actually owns at the time of transfer — nothing more, nothing less.

A South Carolina quit claim deed works by allowing the grantor to quickly transfer whatever property interest they hold to the grantee, without guaranteeing that interest is valid or that the title is clear. This makes it a common choice for family transfers, adding or removing a spouse from title, correcting a title error, or transferring property into a trust — but not for standard sales between parties who don't already know and trust each other.

Use the correct property deed for you

General Warranty Deed document preview

General Warranty Deed This type of deed provides comprehensive guarantees about the property's title and the seller's right to transfer it.

Special Warranty Deed document preview

Special Warranty Deed A special warranty deed offers guarantees to the property's title only for the period during which the seller owned the property.

How Does a Quit Claim Deed Work in South Carolina?

Unlike a general warranty deed or special warranty deed, a South Carolina quit claim deed makes no promises that the grantor actually owns the property, that the title is clear of liens or encumbrances, or that no one else has a claim to it. The grantee accepts the property as-is, taking on the risk that the grantor's interest may be incomplete or invalid.

Steps to create your quit claim deed

  1. Identify the grantor and grantee.

    Confirm the legal names and current addresses of the person transferring the property (grantor) and the person receiving it (grantee).

  2. Locate the legal description of the property.

    Use the legal description from the current deed or county records rather than just the street address to avoid recording delays.

  3. Complete the deed using LegalNature's South Carolina questionnaire.

    Follow the prompts — the tool asks only for information required under South Carolina law.

  4. Sign and notarize the deed.

    Sign the deed in front of 2 witnesses and a notary public. All parties must be present at the same time.

  5. Record the deed with the appropriate South Carolina county office.

    Recording puts the transfer on the public record and protects the grantee's interest against later claims.

When Should You Use a Quit Claim Deed in South Carolina?

Quit claim deeds are most often used in non-sale situations, such as transferring property between family members, adding or removing a spouse from a title, or correcting an error on an existing deed. A quit claim deed is most useful when the parties already know and trust each other and the condition of the title.

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Execution and Notarization Requirements in South Carolina

South Carolina requires the grantor's signature to be witnessed by 2 witnesses in addition to notarization. Source file describes acknowledgment in presence of 2 witnesses; flagged as needing confirmation this is mandatory, not alternative.

LegalNature's questionnaire is built to reflect South Carolina's current execution rules, but a licensed attorney can advise on your specific situation.

Marital Property Considerations in South Carolina

South Carolina is not one of the community property states, but marital property rules can still affect a transfer. If you're transferring property that both spouses own, it's a good idea to have both spouses sign.

Why choose LegalNature?

Why choose LegalNature?

LegalNature offers the guidance to navigate the nuances of deed creation across all 50 states and the District of Columbia. LegalNature offers a 30-day money-back guarantee. If you're not happy, then we’re not happy. Give us a call and let us help.

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