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 South Carolina 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 and the extra witnesses South Carolina requires, where to record the deed, whether the deed recording fee applies to your situation, and which family relationships actually qualify for an exemption.
The good news is that a genuine gift, and any transfer to a spouse, generally avoids South Carolina's deed recording fee altogether.
Good News for Gifts and Spousal Transfers:
South Carolina's deed recording fee is based on the consideration actually paid. If your transfer is a genuine gift with no money changing hands, the value for fee purposes is $0, which falls under the state's exemption for low-value transfers, regardless of who the grantee is.
Transfers to a spouse are exempt from the fee regardless of consideration, which covers most divorce-related transfers too. Gifts to other family members where a real payment is involved don't automatically qualify just because of the relationship, so it's worth confirming your specific situation before assuming no fee is due.
What You Need Before Filling Out the Deed
Before you start typing names into a deed form, gather the information South Carolina recording offices commonly expect.
- Current deed or previously recorded deed
- Grantor's full legal name and marital status
- Grantee's full legal name and mailing address
- Complete legal description of the property, plus tax district, map, and parcel number
- South Carolina county where the property is located
- Notary acknowledgment plus two witnesses for the grantor's signature
- An affidavit stating the property's value or the reason for a fee exemption
- A self-addressed stamped envelope, if recording by mail
- Recording fees and any deed recording fee due
How to Fill Out a South Carolina Quitclaim Deed
Step 1: Identify the Correct Recording Office
Most South Carolina deeds are recorded with the Register of Deeds in the county where the property is located. A handful of counties don't have a separate register of deeds office, so recording happens through the Clerk of Court instead.
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, matching the current deed. Unlike most South Carolina deeds, a quitclaim deed does not need a derivation clause tracing how the grantor got title, which simplifies this step.
Step 3: Enter the Grantee Information
The grantee is the person receiving the property interest.
South Carolina requires the grantee's mailing address to appear on the deed.
Step 4: Choose the Ownership Wording Carefully
A conveyance to two or more people is presumed to create tenants in common in South Carolina, unless the deed expressly creates a right of survivorship. If survivorship is what you want, the deed needs to say so clearly.
Step 5: Add the Legal Description
Use the complete legal description from the current deed or a previously recorded deed, either as metes and bounds, a lot and subdivision reference, or a reference to a recorded plat. Include the tax district, map, and parcel number, since South Carolina counties rely on this for indexing.
Step 6: State the Consideration
State what, if anything, was paid for the property. For a true gift, this is $0, which affects both the deed recording fee calculation and the affidavit you'll file alongside the deed.
Step 7: Sign, Witness, and Notarize the Deed
The grantor must sign the deed in front of two witnesses, and the signature must also be acknowledged before a notary public . South Carolina's two-witness requirement is stricter than what many other states expect, so don't assume notarization alone is enough.
South Carolina 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 recording office will accept a remotely notarized deed and how the witness requirement is handled. Learn more on our Remote Online Notarization by State page.
Step 8: Prepare the Deed Recording Fee Affidavit
South Carolina requires an affidavit stating the property's value, or the reason the transfer is exempt from the deed recording fee, signed by someone connected to the transaction. Some counties, such as Jasper County, use their own specific affidavit form.
If the deed is exempt, the affidavit doesn't need to state a dollar value, just the applicable exemption reason.
Step 9: Record the Deed
Submit the signed, witnessed, and notarized deed, along with the affidavit, recording fee, and any deed recording fee due, to the correct county office.
Bring a self-addressed stamped envelope if you're recording by mail, and double-check whether your county requires any additional local certifications before submitting.
Will You Owe the Deed Recording Fee?
For a lot of the situations that bring people to this page, the answer is: often not.
South Carolina calculates its deed recording fee based on the consideration paid. If you are genuinely giving property away with no payment at all, the value for fee purposes is $0, which qualifies for the state's exemption for low-value transfers, regardless of your relationship to the grantee. Transfers to a spouse are separately exempt no matter what consideration is involved, which covers most divorce settlements as well.
Where this gets more specific: a gift to a family member other than a spouse doesn't automatically become exempt just because of the relationship. If a real payment above $100 is involved, the fee generally applies unless another exemption fits, such as a properly structured family trust or family partnership transfer.
For transfers that are not exempt, the fee is $1.85 for every $500 of value, split between the state and county.
South Carolina Signing and Recording Notes
- Deeds are recorded with the Register of Deeds, or the Clerk of Court in counties without one.
- The grantor's signature must be notarized and witnessed by two people.
- Quitclaim deeds don't need a derivation clause, unlike most other South Carolina deeds.
- A true gift with no consideration is generally exempt from the deed recording fee.
- Transfers to a spouse are exempt from the fee regardless of consideration.
- Gifts to other family members with real payment involved aren't automatically exempt.
- An affidavit stating value or the exemption reason must accompany the deed.
- A conveyance to two or more people is presumed tenants in common unless survivorship is stated.
- The tax district, map, and parcel number should be included with the legal description.
- Assuming a quitclaim deed changes responsibility for a mortgage is a common misconception.
Official South Carolina Sources
Common South Carolina Quitclaim Deed Mistakes
- Recording in the wrong county or with the wrong office
- Forgetting the two-witness requirement and relying on notarization alone
- Using only the street address instead of the legal description
- Leaving off the tax district, map, and parcel number
- Assuming a gift to any family member is automatically fee-exempt
- Missing the deed recording fee affidavit
- Leaving out the grantee's mailing address
- Using unclear ownership wording when there is more than one grantee
- Not checking a specific county's additional local requirements
- Assuming a quitclaim deed changes responsibility for a mortgage
How This Fits Into the South Carolina Quitclaim Deed Process
A South Carolina quitclaim deed can be a practical way to update ownership, especially for genuine gifts, spousal transfers, trust transfers, and divorce-related transfers.
The key is to prepare the deed carefully, arrange for two witnesses in addition to notarization, confirm whether your specific transfer qualifies for a fee exemption, and record it with the right county office.
South Carolina Quitclaim Deed FAQ
Where do I record a South Carolina quitclaim deed?
Record the deed with the Register of Deeds in the South Carolina county where the property is located, or the Clerk of Court in counties without a separate register of deeds office.
Will I owe the deed recording fee if I give my house to a family member?
Often not. A true gift with no consideration is exempt regardless of the grantee, and transfers to a spouse are exempt regardless of consideration. Gifts to other family members with real payment involved don't automatically qualify.
Does a South Carolina quitclaim deed need to be notarized?
Yes, and South Carolina also requires two witnesses in addition to the notary acknowledgment.
Does a South Carolina quitclaim deed need a derivation clause?
No. Most South Carolina deeds need a derivation clause showing the chain of title, but quitclaim deeds are specifically exempt from this requirement.
Is this legal advice?
No. This page provides general educational information and is not legal advice.