A Wisconsin quitclaim deed passes whatever interest the grantor has and promises nothing about it (Wis. Stat. 706.10(4)). Before the register of deeds will record it you file an electronic transfer return (eRETR) and either pay the state's transfer fee, 30 cents per $100 of value, or name the exemption on the deed. Recording itself is $30 a document. A $20,000 sale costs $90 all in.
Wisconsin's deed law is short and fairly forgiving. The part that trips people is the transfer return, which most states do not make you file online before you walk in.
This is general information, not legal advice. A real estate attorney in your state can confirm how it applies to you.
For the general mechanics, see how a quitclaim deed works. This page covers only what is Wisconsin-specific.
What does Wisconsin require on a quitclaim deed?
Chapter 706 sets the formal requirements for every land conveyance. Under section 706.02 the deed must identify the parties, identify the land, identify the interest conveyed, be signed by each grantor, and be delivered. If it gives away any interest of a married person in a homestead, the spouse has to sign or join in a separate conveyance. Husband-and-wife deeds are excepted from that rule.
Wisconsin does not print a statutory quitclaim form. A widely used quitclaim form circulates with a State Bar of Wisconsin number on it, but the statute asks for the elements in section 706.02, not a particular form. What a "quit claim deed" does is fixed by 706.10(4): it passes everything the grantor could lawfully convey and warrants nothing. That is the difference you are trading away, covered in quitclaim deed vs warranty deed.
Who can notarize or authenticate the signature?
More people than in most states. Section 706.06(2) lets any public officer entitled to administer oaths, and any member in good standing of the State Bar of Wisconsin, authenticate signatures by writing "Acknowledged" or "Authenticated" (or similar words) on the instrument with the date, signature and title. A lawyer who drafts your deed can authenticate it, which saves a trip. The endorsement counts as certifying each signature is genuine.
What is eRETR and when do I file it?
eRETR is the Wisconsin Department of Revenue's electronic real estate transfer return. Section 77.22 requires a return signed by both grantor and grantee, filed with the register at recording, and since July 1, 2009 the form has been filed electronically unless the Department grants a hardship waiver. The register has no duty to check your value or your claimed exemption, but submitting the return and collecting the fee are prerequisites to accepting the deed.
The usual sequence, as Portage County describes it: complete the return online first, print the receipt, then send the receipt, the deed and the fees to the register of deeds. Do not show up at the counter with only a deed.
How much is the Wisconsin transfer fee?
Thirty cents for each $100 of value or fraction, which is $3 per $1,000. It is imposed on the grantor, though in practice the parties decide who covers it. The register collects it when the deed is recorded.
| Transaction | Units of $100 | Transfer fee | Plus $30 recording |
|---|---|---|---|
| $20,000 sale | 200 | $60 | $90 |
| $50,000 gift between siblings | 500 | $150 | $180 |
The sibling row is deliberate. Many people assume any family gift is exempt. Wisconsin's exemption in 77.25(8) covers parent and child, stepparent and stepchild, parent and son-in-law or daughter-in-law, and grandparent and grandchild, for nominal or no consideration. Siblings, cousins, aunts and nephews are not on that list. Value for a gift is the value of the interest transferred, so expect to explain it.
Which transfers are exempt from the fee?
The exemptions that matter for land owners are these:
- A deed between husband and wife (77.25(8m)) or between an individual and a domestic partner (8n).
- Parent and child, stepparent and stepchild, parent and son- or daughter-in-law, grandparent and grandchild, for nominal or no consideration (8).
- A corrective deed that confirms or reforms a recorded one for nominal or no consideration (3), and a partition (5).
- A transfer by will, descent or survivorship (11), a transfer-on-death designation (10m), and any property worth $1,000 or less (13).
If you claim one, the statute says the reason has to be stated on the face of the deed by reference to the proper subsection. Something like "Exempt from fee under s. 77.25(8m), Wis. Stats." typed on the deed itself works, outside the blank recording space. Exempt deeds still pay the recording fee.
What does the register of deeds charge to record?
Section 59.43(2)(ag) sets $30 for recording any document, a flat fee with the narrow exceptions in the same section. Dane County lists it as $30 per document regardless of pages. There is no per-page add-on to budget for, and the transfer fee above is separate.
Format matters more than the fee. Under 59.43(2m) the register may refuse a document that lacks a blank 3 by 3 inch space in the upper right of page one, return information on page one, the name of whoever drafted it, and, in counties that require it, the parcel identification number. Paper must be white, 20 pound and 8.5 by 11 or 14 inches. Leave the top right empty and put "Drafted by" on the first page.
What happens if you do not record
Section 706.08(1)(a) voids an unrecorded conveyance against a later good-faith buyer for value whose deed is recorded first. If the grantor can still sign another deed or mortgage, record the day you sign.
What a quitclaim does not do here
It does not clear title, erase a mortgage or add warranty. A mortgage stays on the land even after a quitclaim; see quitclaim deed and mortgage for what the lender can do. The deed is also the last step of a sale, not the first. If you are selling to a stranger, a title company will want a warranty deed, and a cash buyer will close in roughly 7 to 21 days and handle the eRETR for you, where a listing on Wisconsin land can take six to eighteen months. If that is your plan, sell land in Wisconsin directly. If you are financing a sale yourself, the closest worked example we have is how a land contract works next door in Michigan, and the full cost picture is in quitclaim deed cost. Other states are in quitclaim deed forms by state.
FAQs
Do I need witnesses for a Wisconsin quitclaim deed?
No. Section 706.02 requires signature and delivery, and 706.06 lets a notary, an oath-taking officer or a State Bar member authenticate it. There is no witness line in the statute.
What is the Wisconsin transfer fee on a quitclaim deed?
Thirty cents per $100 of value, or $3 per $1,000, unless the deed qualifies for a 77.25 exemption such as spouses, parent and child, or grandparent and grandchild for nominal consideration.
How much does it cost to record a quitclaim deed in Wisconsin?
$30 per document under 59.43(2)(ag), regardless of pages. Add the transfer fee if no exemption applies.
Do I have to file eRETR if the deed is exempt?
Section 77.22 and Portage County say the electronic return is required for conveyances of ownership interest, and an exempt deed still states its exemption on its face. Ask your register whether they want the receipt for your exemption.