Mississippi Quitclaim Deed Form

Last Updated: March 9, 2024 by Rukshani Lye

What is a Quitclaim Deed in Mississippi? 

In Mississippi, 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 Mississippi.

The most common use of quitclaim deeds is between parties with high levels of trust, such as family members or close friends.

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What is the Difference Between a Quitclaim Deed and a Warranty Deed in Mississippi?

The main difference between quitclaim deeds and warranty deeds in Mississippi 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 Mississippi. Quitclaim deeds, on the other hand, are used for transfers between family and friends.

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How Do Quitclaim Deeds Work in Mississippi?

Laws surrounding quitclaim deeds are found in Chapter 89 of the Mississippi Code, titled Real and Personal Property.

In Mississippi, a quitclaim deed must clearly state the Grantor’s intention to “quitclaim” and “release” the property to the Grantee.  Terms such as “grant, bargain, sale,” which imply warranty, are avoided.

In most Mississippi counties, quitclaim deeds are filed at the Chancery Court Clerk’s Office where the property is located.  However, ten counties have two recording districts.

If the property falls within one of the counties listed below, the deed must be filed according to the corresponding district:

  1. Bolivar County –  Cleveland, Rosedale 
  2. Carroll County – Carrollton, Vaiden
  3. Chickasaw County – Houston, Okolona
  4. Hinds County – Jackson, Raymond
  5. Harrison County – Gulfport, Biloxi
  6. Jasper County- Bay Springs, Paulding
  7. Jones County – Ellisville, Laurel
  8. Panola County – Batesville, Sardis 
  9. Tallahatchie County – Charleston, Sumner
  10. Yalobusha County – Coffeeville, Water Valley

Can You Prepare Your Own Quitclaim Deed in Mississippi?

You can prepare your own quitclaim deed in Mississippi. A professional drafter is not legally required. 

The information of the individual who drafted the deed, however, must be listed under “Prepared by,” including their name, address, and phone number.  If an attorney or a surveyor is involved, their bar number or license must also be included.

Mississippi Quitclaim Deed Requirements

For the quitclaim deed to be legally valid in Mississippi, it must follow certain state-specific rules.

Formatting Requirements

Formatting requirements for quitclaim deeds in Mississippi include:

  1. Paper: 20lb weight; clear white colored only. 
  2. Font size: minimum ten points.
  3. Text color: must be black, blue, or any dark color clearly reproducible.
  4. Margins: first page, minimum 3 inches on top for Recorder; minimum 0.75 inches on all remaining pages and sides.  
  5. Single-side print only. 
  6. No permanent binding; no stapling attachments; individual pages may be stapled. 

First Page Requirements

The following content is required to be on the first page (below the 3-inch margin) of all quitclaim deeds filed in Mississippi,  after July 2009:

  1. The Grantor’s name and address.
  2. The Grantee’s name and address.
  3. The preparer’s name, address, and phone number. 
  4. Return name and address.
  5. The title “Quitclaim.”
  6. Property’s legal description.
    • If an existing description is used, include the previous deed’s book, page number, and date of registration.
    • The following guidelines should be followed when drafting the property’s legal description:  
      • Include descriptors such as section, township, range, and, if available, one or more quarter sections.
      • List determinable sections or subdivisions where available.
      • Include officially platted subdivisions, official surveys, or commonly used unofficial subdivisions or surveys.

      If there isn’t enough space on the first page for all required information, include the reference to the page where the information is found.

      Content Requirements 

      The remaining content requirements for quitclaim deeds in Mississippi include: 

      1. Property address.
      2. Property’s homestead status.
      3. Taxpayer’s name and mailing address.
      4. Granting clause – a statement describing the transfer the parties have agreed to.
      5. Consideration clause – the value or the amount of money exchanged. 

      Who Signs a Quitclaim Deed in Mississippi?

      For a quitclaim deed to be legally valid in Mississippi, it must be signed by the Grantor. A notary public must acknowledge the Grantor’s signature.

      If the Grantor is married and 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 Mississippi 

      Here’s how to file a quitclaim deed in Mississippi: 

      1. Prepare the quitclaim deed with the required information.
      2. Property Disclosure Statement.
        • The Grantor must complete and provide a Property Disclosure Statement to the Grantee before the quitclaim deed is executed.
        • A few transfers that are generally filed under quitclaim deeds are exempt from the Disclosure Statement requirement, including:
          • Property transfers between close relatives.
          • Transfers between spouses due to divorce or separation.
          • Transfers of property without dwellings.
          • Transfers ordered by a court.
          • Transfers between co-owners.
      3. Once the quitclaim deed is executed, ensure the Grantor’s signature is acknowledged before a notary public.
      4. Finally, file the quitclaim deed at the Chancery Court Clerk’s Office in the county where the property is located. 

            How Much Does it Cost to File a Quitclaim Deed in Mississippi?

            In Mississippi, the minimum charges for filing a quitclaim deed are as follows:

            • Base fee for first 5 pages: $25. 
            • Each additional page: $1.
            • Archiving fee: $1.
            • Additional recorder’s fee for noncompliant deeds: $1o. 

            What Taxes Are Owed on Quitclaim Deeds in Mississippi?

            In Mississippi, property transfers, including transfers through quitclaim deeds, are not subject to transfer taxes. However, annual property taxes may still apply. 

            Moreover, federal taxes such as Gift Tax and Capital Gains Tax may also be applicable.

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            How Long Does a Quitclaim Deed Take to be Recorded in Mississippi?

            The time it takes to record a quitclaim deed in Mississippi varies based on the county, however, most Clerk’s offices process the deed within a day. 

            What Happens After a Quitclaim Deed is Recorded in Mississippi?

            Once a quitclaim deed is submitted to the county Clerk’s Office, it is initially checked to ensure compliance with regulations. The document is then indexed, scanned, and archived in the county’s records. The quitclaim deed will be accessible to the public within a few business days.

            How Long Are Quitclaim Deeds Valid For in Mississippi? 

            There is no expiration for quitclaim deeds in Mississippi. However, the statute of limitations to recover property in Mississippi is 10 years.

            Sources

            Quitclaim Deed Form in Other States