On a quitclaim deed, the affiant is almost always the grantor, the person giving up their interest in the property. The grantor signs the affidavits that accompany the deed because they are the only party with firsthand knowledge of the title’s history, their marital status, any liens, and what (if anything) was paid. A few affidavits flip that default and require the grantee to sign, so the safest answer to “who is the affiant on a quitclaim deed” is: usually the grantor, sometimes the grantee, and you confirm by reading the specific form your recorder hands you.
What an Affiant Is
An affiant is someone who signs a written statement under oath and swears its contents are true. In a real estate closing, that statement is an affidavit, signed in front of a notary public who verifies the signer’s identity and witnesses the signature. The notary’s seal is what gives the affidavit legal weight. Without it, most county recorder offices will reject the filing.
Affidavits exist because a quitclaim deed is a bare-bones document. It names the parties, describes the property, and transfers whatever interest the grantor happens to hold. It says nothing about unpaid liens, whether money changed hands, or whether the grantor is who they claim to be. Affidavits fill those gaps with sworn facts, and the person swearing to those facts is the affiant.
Why the Grantor Is Usually the Affiant
The grantor signs most quitclaim-related affidavits because they are the only person with the information those affidavits ask about. They know whether a lien is sitting on the property. They know their own marital status. They know whether the transfer is a sale, a gift to a child, or part of a divorce settlement. A grantee receiving the property typically has none of that history, so a sworn statement from the grantee would not actually prove anything useful about the title or the transaction.
That logic drives the standard practice: when a title company, an attorney, or a county recorder asks for an affidavit alongside a quitclaim deed, the signature line is for the grantor.
When the Grantee Signs Instead
The grantor is not always the only affiant. Some jurisdictions put the transfer tax affidavit on the grantee rather than the grantor. Arkansas, for example, requires the grantee or the grantee’s agent to complete the Real Property Transfer Tax Affidavit of Compliance, including the full consideration paid and the tax amount due. The reasoning is practical: the grantee is the party on the hook for the tax, so the grantee swears to the numbers.
If your county hands you a stack of forms with the deed, read each one to see whose signature it asks for. Do not assume the grantor signs everything just because the grantor signs the deed itself.
Which Affidavit Asks for Whom
A few affidavits regularly appear with quitclaim transfers. Knowing which party each one expects as affiant saves a trip back to the recorder’s office.
Affidavit of Title
Signed by the grantor. It covers the grantor’s identity, marital status, and knowledge of unpaid liens, boundary disputes, or recent construction on the property. Title companies rely on it because the quitclaim deed itself carries no warranties. The affidavit does not convert a quitclaim into a warranty deed, but it creates a legal record of what the grantor disclosed at the time of transfer.
Affidavit of Consideration or Value
Signed by the grantor. It states how much money changed hands or declares that the transfer is a gift with no monetary exchange. Recording offices use the figure to calculate transfer taxes. A gift to a family member is formally declared on this document.
Transfer Tax Affidavit
Signer depends on jurisdiction. Many counties will not record the deed until this affidavit is on file, with the correct documentary stamps or tax payment attached. In some states the grantor completes it; in others, like Arkansas, the grantee does. The form itself tells you which.
Correction Affidavit
Signed by the person who prepared the original document or by a party to the transaction with personal knowledge of the error. Also called a scrivener’s affidavit, it fixes clerical mistakes like a misspelled name or a wrong middle initial on an already-recorded deed. It only works for minor, obvious errors. A mistake involving a material term, like the wrong parcel or sale price, usually requires a new corrective deed signed by all the original parties rather than an affidavit.
What the Affiant Is Agreeing To
Signing as the affiant is not a formality. Because an affidavit is sworn under oath, lying on one is perjury. Under federal law, perjury carries a sentence of up to five years in prison, a fine, or both.1Office of the Law Revision Counsel. 18 USC 1621 – Perjury Generally State penalties vary but tend to fall in the same range, and most states treat perjury as a felony regardless of the underlying transaction.
Criminal exposure is not the only risk. A grantee who suffers a financial loss because they relied on a false affidavit may sue the affiant for damages. If the grantor swore there were no liens and that turned out to be wrong, the grantee can end up paying debts they knew nothing about and can pursue the grantor to recover those costs. That combination of criminal and civil liability is why accuracy matters more than speed when completing these documents, and why the person signing needs to actually have the knowledge the affidavit claims they do.