Delaware Quitclaim Deed
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Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Delaware deed rules · as of 2026
- Witnesses (besides notary)
- None — notary only
- Where to record
- Recorder of Deeds (one per county: New Castle, Kent, Sussex)
- Transfer tax
- Yes — see below
Source: 25 Del. C. §§ 121–122 · verify ↗. A deed moves real property — have someone qualified review it before you sign, and record it promptly.
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Delaware signing & recording
No — in Delaware the grantor's notarized signature is enough; no separate witnesses are required (25 Del. C. §§ 121–122 — validity turns on the deed being signed and sealed by the grantor and duly acknowledged (§ 121(b): a deed 'duly executed and acknowledged' passes title); the § 121(a) form shows 'Sealed and Delivered in the Presence of' witness lines, but no section requires witnesses, and secondaries agree the notary may fill that role — 0 witnesses besides the notary, as of 2026). 25 Del. C. § 122: a deed may be acknowledged before the Superior Court, any judge, a notary public, two justices of the peace of the same county, or the Mayor of Wilmington; acknowledgment (or proof) is required for the deed to pass title as recorded and be accepted by the county Recorder of Deeds (9 Del. C. ch. 96). Record the signed deed with the Recorder of Deeds (one per county: New Castle, Kent, Sussex). Transfer tax: Realty Transfer Tax, 30 Del. C. § 5402: 3% state rate, reduced to 2.5% where the county/municipality imposes its full 1.5% local tax (4% combined) — among the highest in the US; first-time-homebuyer reduction of 0.5% on the grantee's half (up to $400k); § 5401(1) excludes family transfers (between spouses, parent–child and their spouses, siblings/half-/step-siblings), corrective deeds, and other no-consideration categories, so family quitclaims are typically exempt; de minimis: no tax under $100 value Check the current Delaware deed rules before recording.
Married? If the property is (or may be) your homestead, your spouse may need to sign the deed even if they are not on title — several states require it, and a deed missing that signature can be rejected for recording or invalid. Use the “Co-grantor / spouse” field above to add their signature line, and check your state’s rule before recording.
Existing mortgage? Transferring mortgaged property can trigger the loan’s “due-on-sale” clause. Federal law (12 U.S.C. §1701j-3(d), the Garn–St Germain Act) bars lenders from enforcing it for several transfers of residential property with fewer than five dwelling units — including a transfer to the borrower’s spouse or children, a transfer resulting from a divorce decree, and a transfer into an inter vivos (living) trust in which the borrower is and remains a beneficiary. The loan itself stays in place either way — nobody is released until it is refinanced. Read the statute ↗
Frequently asked questions
Does Delaware require witnesses on a quitclaim deed?
No — in Delaware the grantor's notarized signature is enough; no separate witnesses are required (25 Del. C. §§ 121–122 — validity turns on the deed being signed and sealed by the grantor and duly acknowledged (§ 121(b): a deed 'duly executed and acknowledged' passes title); the § 121(a) form shows 'Sealed and Delivered in the Presence of' witness lines, but no section requires witnesses, and secondaries agree the notary may fill that role — 0 witnesses besides the notary, as of 2026). 25 Del. C. § 122: a deed may be acknowledged before the Superior Court, any judge, a notary public, two justices of the peace of the same county, or the Mayor of Wilmington; acknowledgment (or proof) is required for the deed to pass title as recorded and be accepted by the county Recorder of Deeds (9 Del. C. ch. 96).
Where do I record the deed in Delaware?
With the Recorder of Deeds (one per county: New Castle, Kent, Sussex) where the property is located. Recording is what makes the transfer visible to the world — an unrecorded deed can be valid between the parties but lose to a later buyer or lender who records first. Take the original signed deed, pay the recording fee, and keep the returned stamped copy.
Is there a transfer tax in Delaware?
Realty Transfer Tax, 30 Del. C. § 5402: 3% state rate, reduced to 2.5% where the county/municipality imposes its full 1.5% local tax (4% combined) — among the highest in the US; first-time-homebuyer reduction of 0.5% on the grantee's half (up to $400k); § 5401(1) excludes family transfers (between spouses, parent–child and their spouses, siblings/half-/step-siblings), corrective deeds, and other no-consideration categories, so family quitclaims are typically exempt; de minimis: no tax under $100 value Check the current rate and exemptions before recording — the recorder will not accept the deed without the required tax forms or stamps.
How does Delaware compare? See the deed witness requirements in all 50 states, every rule cited to statute.
How Delaware compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Delaware: 25 Del. C. §§ 121–122 ↗.
- Delaware is one of 38 of 51 jurisdictions that charge a transfer or documentary tax when a deed is recorded (13 charge no state transfer tax on deeds).
- Witnesses required (beyond the notary)
Witnesses required (beyond the notary): 0, exactly the national median.
This is the most common figure nationally — shared by 45 other states.
Witnesses required (beyond the notary) in neighboring states — Maryland (0), New Jersey (0), Pennsylvania (0). Every neighboring state with a rule matches Delaware.
The rest of what Delaware requires
The figures below are Delaware's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Delaware page for that document.
- Security deposit cap · as of 2026
- 1 month's rent (leases over 1 yr; no cap on month-to-month) 25 Del. C. §5514 ↗
- Deposit return deadline · as of 2026
- 20 days after move-out 25 Del. C. §5514 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 60 days 25 Del. C. §5514 ↗
- Notice for unpaid rent · as of 2026
- 5 days to pay or quit 25 Del. C. § 5502; § 5513; § 5106/§ 5107 ↗
- Notice to cure a lease violation · as of 2026
- 7 days 25 Del. C. § 5502; § 5513; § 5106/§ 5107 ↗
- Small claims limit · as of 2026
- $25,000 10 Del. C. §9301 ↗
- Where you file · as of 2026
- Justice of the Peace Court (civil docket) · filing fee $35 (claims up to $5,000) / $70 ($5,001-$15,000) / $95 ($15,001-$25,000) per the JP Court fee schedule 10 Del. C. §9301 ↗
- Rental application fee · as of July 2026
- Capped at greater of 10% of monthly rent or $50 Delaware Code ↗
- Bill of sale notarization · as of 2026
- Not required Delaware DMV ↗
- Power of attorney signing · as of 2026
- Notarization required · 1 witness 12 Del. C. §49A-105 (form §49A-301) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules 6 Del. C. § 18-101(9) ↗
Quitclaim deed in other states
More Delaware legal forms
Different state? See quitclaim deeds by state →