QUITCLAIM DEED
(Montana – Court-Ready Template)
[// GUIDANCE: This template is drafted for a standard, single-parcel conveyance between private parties in the State of Montana. Delete any bracketed text that is inapplicable and complete every blank or placeholder before execution and recording.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution & Acknowledgment
1. DOCUMENT HEADER
QUITCLAIM DEED
This Quitclaim Deed (“Deed”) is made effective as of [EFFECTIVE DATE] (“Effective Date”) by and between
[GRANTOR LEGAL NAME], a [TYPE OF ENTITY / INDIVIDUAL], whose mailing address is [GRANTOR ADDRESS] (“Grantor”),
and
[GRANTEE LEGAL NAME], a [TYPE OF ENTITY / INDIVIDUAL], whose mailing address is [GRANTEE ADDRESS] (“Grantee”).
County Where Property Lies: [COUNTY] County, Montana
Return Recorded Deed To: [NAME & ADDRESS FOR RETURN]
Title Company/Order No. (optional): [TITLE ORDER NO.]
RECITALS
A. Grantor is the owner of the real property legally described below (the “Property”).
B. Grantor desires to convey, and Grantee desires to receive, all of Grantor’s right, title, and interest in and to the Property without warranty, in consideration of the sum of [CONSIDERATION AMOUNT] and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
NOW, THEREFORE, in consideration of the premises and mutual covenants herein, the parties agree as follows:
2. DEFINITIONS
For purposes of this Deed, capitalized terms have the meanings set forth below:
“Affiliate” – Any entity that directly or indirectly controls, is controlled by, or is under common control with a party.
“Deed” – This Quitclaim Deed, together with all exhibits and schedules hereto.
“Effective Date” – The date first written above.
“Grantee” – As defined in the Document Header.
“Grantor” – As defined in the Document Header.
“Property” – The real property described in Section 3.1, together with all improvements, appurtenances, and rights thereunto belonging, but excluding any property expressly reserved by Grantor in this Deed.
3. OPERATIVE PROVISIONS
3.1 Conveyance. Grantor hereby conveys, releases, and quitclaims to Grantee, its successors and assigns, all right, title, and interest of Grantor, whether legal or equitable, in and to the following described real property located in [COUNTY] County, Montana:
[INSERT FULL LEGAL DESCRIPTION HERE]
Parcel ID / Tax No.: [PARCEL ID]
Commonly known as: [STREET ADDRESS OR “N/A”]
3.2 Consideration. The consideration for this conveyance is the payment acknowledged in the Recitals.
3.3 No Warranties. This conveyance is made WITHOUT ANY EXPRESS OR IMPLIED WARRANTY, including without limitation any warranty of title, quiet enjoyment, or fitness for a particular purpose.
3.4 Recording. Grantee shall cause this Deed to be recorded in the official real property records of [COUNTY] County, Montana, and shall pay all applicable recording fees.
3.5 Transfer Taxes. Montana presently imposes no state-level real estate transfer tax; however, local recording fees and surtaxes, if any, shall be borne by [ALLOCATE: Grantor / Grantee / shared in proportion ___ ].
4. REPRESENTATIONS & WARRANTIES
4.1 Grantor’s Authority. Grantor represents that it has full right, power, and authority to execute and deliver this Deed.
4.2 No Other Representations. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 4.1, GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED. All other warranties are disclaimed to the fullest extent permitted under Montana law.
[// GUIDANCE: For entity Grantors, attach a corporate/LLC resolution or other evidence of authority as an exhibit if customary in your transaction.]
5. COVENANTS & RESTRICTIONS
5.1 Further Assurances. Grantor shall execute and deliver such additional instruments as may be reasonably necessary to effectuate the intent of this Deed, provided that no such instrument shall expand Grantor’s liability or warranties beyond those expressly stated herein.
5.2 Reserved Rights (if any). Grantor reserves the following rights and interests, which are excluded from the conveyance:
(a) [MINERAL / WATER / EASEMENT RESERVATIONS, if any].
If no rights are reserved, insert “None.”
6. DEFAULT & REMEDIES
6.1 Event of Default. Failure by any party to comply with a material obligation expressly set forth in this Deed constitutes a default.
6.2 Remedies.
(a) The non-defaulting party may pursue specific performance or damages consistent with Montana law.
(b) No special, consequential, or punitive damages are recoverable.
[// GUIDANCE: Because this is a conveyance (not an executory contract), default provisions are rarely invoked. Retain Sections 6.1–6.2 only if pre-closing obligations (e.g., delivery of possession) remain outstanding.]
7. RISK ALLOCATION
7.1 Indemnification. None (intentionally omitted per metadata instructions).
7.2 Limitation of Liability. Grantor’s total liability under this Deed shall not exceed the consideration actually received by Grantor.
7.3 Force Majeure. Neither party shall be liable for delays or failures in performance caused by events beyond its reasonable control; however, this does not excuse recording obligations or payment of recording fees.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Deed and any dispute or claim arising out of or relating to it shall be governed by the laws of the State of Montana, without regard to its conflict-of-laws rules.
8.2 Forum Selection. The parties consent to the exclusive jurisdiction of the state courts located in [COUNTY] County, Montana.
8.3 Arbitration. Excluded.
8.4 Jury Trial. No jury waiver is provided. Each party retains all constitutional and statutory rights to a jury trial.
8.5 Injunctive Relief. Either party may seek injunctive relief only to the extent necessary to prevent irreparable harm pending final adjudication on the merits.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Deed constitutes the entire agreement between the parties with respect to the conveyance of the Property and supersedes all prior agreements or understandings.
9.2 Amendment; Waiver. No amendment or waiver is effective unless in a writing signed by the party against whom enforcement is sought.
9.3 Assignment. No party may assign this Deed, in whole or in part, without the prior written consent of the other party, except that Grantee may assign to an Affiliate upon notice to Grantor.
9.4 Successors & Assigns. This Deed binds and benefits the parties and their respective successors and permitted assigns.
9.5 Severability. If any provision of this Deed is held invalid, the remaining provisions shall nevertheless be given full force and effect.
9.6 Counterparts; Electronic Signatures. This Deed may be executed in counterparts (including by electronic or scanned signature), each of which is deemed an original and all of which together constitute one instrument.
10. EXECUTION & ACKNOWLEDGMENT
IN WITNESS WHEREOF, the parties have executed this Quitclaim Deed as of the Effective Date.
GRANTOR:
[GRANTOR LEGAL NAME]
By: _____
Name: _____
Title (if entity): ________
GRANTEE:
[GRANTEE LEGAL NAME]
By: _____
Name: _____
Title (if entity): ________
NOTARY ACKNOWLEDGMENT (Montana – Individual)
State of Montana )
County of ____ )
On this _ day of __, 20____, before me, the undersigned, a Notary Public for the State of Montana, personally appeared [NAME OF SIGNATORY], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same for the purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.
Notary Public for the State of Montana
Printed Name: _____
Residing at: ____
My Commission Expires: _____
[SEAL]
NOTARY ACKNOWLEDGMENT (Montana – Corporation/LLC)
State of Montana )
County of ____ )
On this _ day of __, 20____, before me, the undersigned, a Notary Public for the State of Montana, personally appeared [NAME], [TITLE] of [ENTITY NAME], a [STATE] [CORPORATION/LLC], known to me (or proved to me on the basis of satisfactory evidence) to be the individual who executed the within instrument on behalf of said entity, and acknowledged to me that such entity executed the same.
Notary Public for the State of Montana
Printed Name: _____
Residing at: ____
My Commission Expires: _____
[SEAL]
[// GUIDANCE:
1. Attach any applicable exhibits (e.g., legal description, reservation schedules, entity resolutions).
2. Verify the notarial certificate language conforms to the current Montana Uniform Law on Notarial Acts and your notary stamp/ink color requirements.
3. Prior to recording, confirm that the first page margin, font size, document title, and return address meet Montana Clerk & Recorder formatting standards.
4. Confirm payment of the applicable Clerk & Recorder fees under the then-current filing schedule for the county of record.
]