What is a Quitclaim Deed in Kansas?
In Kansas, a quitclaim deed is used to transfer property from an owner (“Grantor”) to a new owner (“Grantee”), without any promises or guarantees about the property’s title. Quitclaim deeds are a quick way to transfer property but they offer the lowest security among real estate deeds in Kansas.
The most common use of quitclaim deeds is between parties with high levels of trust, such as family members or close friends.
What is the Difference Between a Quitclaim Deed and a Warranty Deed in Kansas?
The main difference between quitclaim deeds and warranty deeds in Kansas is that a quitclaim deed provides less security to the Grantee.
A warranty deed provides legal protection to the new owner because it confirms that the Grantor owns the property and has the right to make a transfer.
Warranty deeds are mostly used for real estate transactions in Kansas. Quitclaim deeds, on the other hand, are used for transfers between family and friends.
How Do Quitclaim Deeds Work in Kansas?
Laws surrounding quitclaim deeds are found in Chapter 58 of the Kansas Statutes, titled Personal and Real Property.
Kansas laws provide the sample language to be used in a quitclaim deed. It must state that the Grantor intends to “quitclaim” the property to the Grantee. The term “conveys” is not used in a Kansas quitclaim deed as it implies warranty.
Once prepared, the quitclaim deed must be filed at the Register of Deeds in the county where the property is located.
Can You Prepare Your Own Quitclaim Deed in Kansas?
You can prepare your own quitclaim deed in Kansas. A professional drafter is not legally required.
Kansas Quitclaim Deed Requirements
Most formatting standards in Kansas are those that counties have uniformly adopted and standardized throughout the state.
Formatting Requirements
Formatting requirements for quitclaim deeds in Kansas include:
- Paper: maximum size 8.5x 14 (legal).
- Font: minimum size 8-point type.
- Text: color must be dark and clearly reproducible.
- Margins: leave 3 inches on top of the first page for official use; all remaining margins should be a minimum 1 inch.
- Original documents only, no copies accepted.
Content Requirements
Content requirements for quitclaim deeds in Kansas include:
- The Grantor’s name and address.
- The Grantee’s name and address.
- Return name and address.
- The title “Quitclaim.”
- The property address.
- Property’s homestead status.
- Property’s legal description.
- Parcel identification number (if available).
- Granting clause – a statement describing the transfer the parties have agreed to.
- Consideration clause – the value or the amount of money exchanged.
Who Signs a Quitclaim Deed in Kansas?
For a quitclaim deed to be legally valid in Kansas, it must be signed by the Grantor. The Grantor’s signature must be acknowledged by a notary public.
If the Grantor is married or the property is identified as a homestead, both spouses must sign the quitclaim deed. Alternatively, a spousal waiver of homestead rights can be signed and attached.
How to File a Quitclaim Deed in Kansas
Here’s how to file a quitclaim deed in Kansas:
- Prepare the quitclaim deed with the required information.
- Kansas Real Estate Sales Validation Questionnaire.
- All instruments transferring real estate ownership in Kansas must be accompanied by a Real Estate Sales Validation Questionnaire.
- The form can be completed by the Grantor, Grantee, or a representative and submitted at the Register of Deeds with the quitclaim deed.
- Many transfers generally filed under quitclaim deeds are exempt from requiring to file the Questionnaire, including:
- Deeds for no consideration.
- Deeds that correct or change an existing deed.
- Quitclaim deeds drawn to clear title issues.
- Transfers resulting from divorce settlements.
- Deeds that add or remove a name from a deed.
- Deeds that clear title issues.
- If the transfer is exempt from the requirement to file the Real Estate Sales Validation Questionnaire, the basis of the exemption must be mentioned clearly on the deed.
- Once the quitclaim deed is executed, ensure the Grantor’s signature is acknowledged before a notary public.
- Finally, file the quitclaim deed at the Register of Deeds in the county where the property is located.
How Much Does it Cost to File a Quitclaim Deed in Kansas?
In Kansas, the minimum charges for filing a quitclaim deed are as follows:
- Base fee for the first page: $21.
- Each additional page: $17.
- Fee for recording town plats: $32.
- Attachments, per page (if the main document is over ten pages): $1.
What Taxes Are Owed on Quitclaim Deeds in Kansas?
In Kansas, property transfers, including transfers through quitclaim deeds, are not subject to real estate transfer taxes. However, annual property taxes may still apply.
Moreover, federal taxes such as Gift Tax and Capital Gains Tax may also be applicable.
How Long Does a Quitclaim Deed Take to be Recorded in Kansas?
The time it takes to record a quitclaim deed in Kansas varies based on the county, however, most offices process the deed within a few business days.
What Happens After a Quitclaim Deed is Recorded in Kansas?
When a quitclaim deed is submitted at the county’s Register of Deeds, it is first checked to ensure the necessary information is correct. The office then assigns the deed with a book and page number, and it is entered into the state system of records. Once the indexing information is verified, most original documents are returned to the customer.
How Long Are Quitclaim Deeds Valid For in Kansas?
There is no expiration for quitclaim deeds in Kansas. However, the statute of limitations to recover property in Kansas is 5 years.
Sources
- 1 K.S. Stat. § 58-2204
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Form of quitclaim deed. Any conveyance of lands, worded in substance as follows: A.B. quitclaims to C.D. .. , the said conveyance being duly signed and acknowledged by the grantor, shall be deemed to be a good and sufficient conveyance in quitclaim to the grantee, his or her heirs and assigns.
Source Link - 2 K.S. Stat. § 58-2203
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Form of warranty deed. Any conveyance of lands, worded in substance as follows: A.B. conveys and warrants to C.D…. with covenants from the grantor, for himself or herself and his or her heirs and personal representatives, that the grantor is lawfully seized of the premises, has good right to convey the same..
Source Link - 3 K.S. Stat. § 58-2221 (d)
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Recordation of instruments conveying or affecting real estate; duties of register of deeds. whereby any real estate may be affected, proved or acknowledged, and certified in the manner hereinbefore prescribed, may be recorded in the office of register of deeds of the county in which such real estate is situated.
Source Link - 4 Formatting Requirements
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(I) K.S. Stat. § 28-115 (1-A; I-f)
Fees of register of deeds; (A) For recording deeds, mortgages or other instruments of writing, for first page, not to exceed legal size page—8 ½” x 14″.. (f) .. a size print or type smaller than 8-point type but which otherwise was properly filed shall be deemed to be validly filed.
(II) Crawford County, KS – Recording Requirements
Sufficient space (3 1/2″) at top (preferably) of first page for Register of Deeds Recording Stamp or on bottom of last page.. All documents must be original (no copies).. All documents must be 8 point font or larger..
(III) Riley County, KS – Recording Requirements
To prevent an extra page fee, please allow a 3″ margin on the top of the first page for recording purposes, 1″ on each page after that..he document shall be of sufficient legibility to produce a clear and legible reproduction.
- 5 Content Requirements
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Form of quitclaim deed. Any conveyance of lands, worded in substance as follows: A.B. quitclaims to.. here describe the premises.. for the sum of..
(II) K.S. Stat. § 19-1205
General indexes; entries; notation of discharge or release of instruments. (a) Every register of deeds shall keep a general index, direct and inverted, in the office of the register of deeds… Volume and Time Names Names Nature Page.. Grantors. Grantees. Instrument. Recorded..
(III) Butler County, KS – Recording Requirement
If a document pertains to land records, it must contain a complete legal description. Do not use tract information from tax statement or tax roll. Please contact us for a copy of your deed for any legal work.
- 6 Acknowledgement
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Conveyance of real estate; signature required. All deeds or other conveyances of lands, or of any estate or interest therein, shall be subscribed by the party granting the same, or by the party’s lawful agent or attorney, and may be acknowledged..
(II) K.S. Stat. § 58-2211
Acknowledgment of instrument relating to real estate. All conveyances, and other instruments affecting real estate must be acknowledged before a person authorized by the revised uniform law on notarial acts to perform notarial acts..
- 7 Homestead Laws - Spousal Rights
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(I) KS Constitution, Bill of Rights, Article 15: Misc § 9
Homestead exemption.. shall be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists..
(II) K.S. Stat. § 59-505
Same; half of realty to surviving spouse. Except as provided further, the surviving spouse shall be entitled to receive one-half of all real estate of which the decedent at any time during the marriage was seized or possessed and to the disposition whereof the survivor shall not have consented in writing, or by a will, or by an election as provided by law..
- 8 K.S. Stat. § 791437c.
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Real estate sales validation questionnaires; required to accompany transfers of title; retention time; use of information. No deed or instrument providing for the transfer of title to real estate or affidavit of equitable interest in real estate shall be recorded in the office of the register of deeds unless such deed, instrument or affidavit shall be accompanied by a real estate sales validation questionnaire completed by the grantor or grantee..
Source Link - 9 K.S. Stat. § 79-1437e. (a)
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Same; inapplicability to certain transfers of title. (a) The real estate sales validation questionnaire required by this act shall not apply.. made for the purpose of confirming, correcting, modifying or supplementing a deed previously recorded, and without additional consideration.. by way of a quit claim deed filed for the purpose of clearing title encumbrances;
Source Link - 10 K.S. Stat. § 79-1437e. (b)
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When a real estate sales validation questionnaire is not required due to one or more of the exemptions provided in subsection (a), the exemption shall be clearly stated on the document being filed.
Source Link - 11 Recording Fees
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Fees of register of deeds; monthly billing to Internal Revenue service.. The register of deeds of each county shall charge and collect the following fees..For recording deeds, mortgages or other instruments of writing, for first page, not to exceed legal size page—8 ½” x 14″, a fee of $6; (B) for second page and each additional page.., a fee of $2; (C) recording town plats, for each page, a fee of $20..
(II) KS Admin Reg – UCC 7-17-4
Fees. (a) The fee for filing and indexing a paper UCC record of one to 10 pages shall be $15.00. The fee for filing and indexing additional pages beyond the 10th page of a UCC record shall be charged at the rate of $1.00 per page..
(III) KS Reg of Deeds – Recording Fee Schedule
Recording Fee Schedule (K.S.A. 28-115 & K.S.A. 25-115a); For recording deeds, *mortgages, or other instruments of writing-for first page (not to exceed legal size page 8 1⁄2″ x 14″) $21.00. For second page and each additional page or fraction thereof $17.00
- 12 K.S. Stat. § 60-511
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Actions limited to five years…An action upon any agreement, contract or promise in writing.. an action brought on any covenant of seizin contained in any deed of conveyance of land… An action brought on a covenant of warranty contained in any deed of conveyance of land, after there shall have been a final decision against the title of the covenantor in such deed..
Source Link
