Every Montana quitclaim deed has exactly two parties: the grantor, who's giving up their interest in the property, and the grantee, who's receiving it. The roles sound simple, but a quitclaim deed puts unusually one-sided weight on this distinction — because unlike a warranty deed, a Montana quitclaim deed carries no promise from the grantor that the title is actually clear. Understanding exactly what each party is on the hook for is the difference between a clean transfer and a grantee who finds out too late what they didn't actually get.
The Grantor: What Montana Law Actually Requires
The grantor is the person signing away their interest. On a Montana quitclaim deed, that signature has to satisfy a specific set of statutory requirements, not just look official:
- Sign before a notary. Under Montana's Uniform Law on Notarial Acts (RULONA, Title 1, ch. 5, part 6), the grantor's signature must be acknowledged before a notary physically located in Montana — even for remote online notarization. See our notary page.
- Get named correctly, twice. MCA § 7-4-2636 requires the grantor's name and the property's full legal description to appear on the deed's first or second page — not just in an attached exhibit.
- Usually completes the Realty Transfer Certificate. Montana requires Form RTC to accompany every deed (MCA § 15-7-305); in practice the grantor typically prepares it since they know the transfer's circumstances (gift, sale, trust funding) that determine which exemption, if any, applies. See our RTC guide.
- Makes zero promises about title. This is the core legal feature of a quitclaim deed: the grantor transfers only whatever interest they actually hold, with no warranty that it's free of liens, competing claims, or defects. If title turns out to be bad, the grantor has no further legal exposure to the grantee under the deed itself.
The Grantee: What You're Actually Getting
The grantee receives the property interest — but on a quitclaim deed, "receiving" comes with real homework that a grantee on a warranty deed wouldn't have to do:
- Recording is the grantee's protection, and it's time-sensitive. Under Montana's race-notice recording statute, MCA § 70-21-304, an unrecorded deed is void against a later good-faith purchaser who records first — even one who has no idea your deed exists. The grantee (not the grantor) has the strongest incentive to get the deed to the county Clerk and Recorder promptly.
- No title guarantee means due diligence is on you. Because a quitclaim deed doesn't warrant clear title, a grantee who wants assurance the property is free of liens or competing claims needs to arrange a title search or title insurance separately — the deed itself won't provide that protection.
- Verify the legal description before signing off. Once recorded, an incorrect legal description is the grantee's problem to fix, typically requiring a corrective deed. Cross-check it against the county assessor's parcel records before the deed is filed.
- Property tax and RTC exemption category should be confirmed. If the transfer is a gift or family transfer claiming an RTC exemption under MCA § 15-7-307, the grantee should understand which category was claimed, since it can affect future property tax reassessment.
Why This Split Matters More on a Quitclaim Deed
On a warranty deed, the grantor's promises do a lot of the grantee's protective work automatically. On a Montana quitclaim deed, that protection doesn't exist — which is exactly why quitclaim deeds are the right tool for transfers where both parties already trust the title is fine (adding a spouse to title, moving property into a revocable trust, settling an estate among family) and the wrong tool when a grantee actually needs a title guarantee (buying from a stranger). The grantor's job is narrow and mostly procedural: sign correctly, get notarized, help complete the RTC. The grantee's job is broader: verify what's actually being conveyed, and get it recorded fast.
Example: A Common Montana Scenario
A Bozeman parent (grantor) wants to add an adult child (grantee) to the title of a Gallatin County home. The parent signs the quitclaim deed before a Montana notary, and the parent completes Form RTC claiming the family-transfer exemption under MCA § 15-7-307 (no sale price to disclose). The child, as grantee, double-checks the legal description against the Gallatin County Clerk and Recorder's parcel records, then takes the signed deed and RTC to the recorder's office promptly — along with the $20 first-page recording fee — so the transfer is protected under Montana's recording-priority statute from that point forward.
Grantor vs. Grantee, at a Glance
- Grantor: gives up interest, signs before a notary, usually completes the RTC, makes no title warranty.
- Grantee: receives interest, should verify the legal description, is responsible for arranging any title search desired, and has the strongest interest in prompt recording.
Whichever role you're in, our deed preparation service and Ask an Attorney option can help make sure the deed is filled out correctly before it reaches the county Clerk and Recorder.