What is a Quitclaim Deed in Missouri?
In Missouri, 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 or condition. Quitclaim deeds are a quick way to transfer property but they offer the lowest security among real estate deeds in Missouri.
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 Missouri?
The main difference between quitclaim deeds and warranty deeds in Missouri 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 Missouri. Quitclaim deeds, on the other hand, are used for transfers between family and friends.
How Do Quitclaim Deeds Work in Missouri?
Laws surrounding quitclaim deeds are found in Chapter 442 (Title XXIX) of the Missouri Statutes titled Titles and Conveyance of Real Estate.
A quitclaim deed in Missouri must state that the Grantor intends to “remise and quitclaim” their interest in the property to the Grantee. Words such as “grant, bargain, and sell” are considered to imply warranty and are avoided in Missouri quitclaim deeds.
Once prepared, the quitclaim deed must be filed with the County Recorder’s Office.
Can You Prepare Your Own Quitclaim Deed in Missouri?
You can prepare your own quitclaim deed in Missouri. A professional drafter is not legally required.
Missouri Quitclaim Deed Requirements
For a quitclaim to be legally valid in Missouri, the deed must follow certain state-specific rules.
Formatting Requirements
Formatting requirements for quitclaim deeds in Missouri include:
- Paper size: letter (8.5 x 11).
- Paper color: white or light-color.
- Font size: minimum 8-point.
- Font color: black or dark ink.
- Printed on one side only.
- No permanent binding (staples acceptable).
- Margins:
- 3-inch top margin on first page for Recorder’s use
- 3/4-inch margins on remaining sides and pages
Content Requirements
Content requirements for quitclaim deeds in Missouri include:
1. Grantor’s name and address.
2. Grantee’s name and address.
3. Grantor’s marital status.
4. The title is “Quitclaim Deed.”
5. Date of the document.
6. Property’s addresses.
7. Legal description of the property including one or more of the following.
- Include block, plat number, plat book, and page of recorded plat.
- Metes and bounds description (with acreage).
- Quarter or quarter section and township.
- Book-and-page number of a previously recorded instrument describing the property.
8. Non-English deeds must include a sworn translation.
Who Signs a Quitclaim Deed in Missouri?
For a quitclaim deed to be legally valid in Missouri, it must be signed by the Grantor. The Grantor’s signature must be acknowledged before a notary. In St. Louis, Missouri the Grantee must sign the deed as well.
If the property is a homestead, both spouses must sign the quitclaim deed. Alternatively, a waiver of homestead rights can be attached.
The notarization can be completed online but the notary must be located within the state of Missouri.
How to File a Quitclaim Deed in Missouri
Here’s how to file a quitclaim deed in Missouri:
- Prepare the quitclaim deed with the information required.
- Once the quitclaim deed is signed, ensure that it is acknowledged by the Grantor before a notary.
- If the property is located in St. Louis, Missouri, ensure that the Grantee has signed the deed.
- File the quitclaim deed, along with the relevant information with the County Recorder’s Office.
How Much Does it Cost to File a Quitclaim Deed in Missouri?
In Missouri, the minimum charges for filing a deed are as follows:
- $5 for the first page.
- $3 for each additional page.
However, the actual filing fees charged by counties can vary and are often higher. For instance, Cole County charges $24 for the first page, while Jackson County charges $21.
What Taxes Are Owed on Quitclaim Deeds in Missouri?
In Missouri, property transfers, including quitclaim deeds, are not subject to transfer taxes. However, annual real estate 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 Missouri?
Recording a quitclaim deed in Missouri can take anywhere from a few days to a few weeks. The length of time can vary significantly based on county-specific processes, procedures, and population.
What Happens After a Quitclaim Deed is Recorded in Missouri?
In Missouri, once the quitclaim deed is signed and filed, the county will process the document. If the deed is clear of any previous filings, a public record of the transfer of the property’s ownership will be made official.
How Long Are Quitclaim Deeds Valid For in Missouri?
There is no expiration for quitclaim deeds in Missouri. However, the statute of limitations for lawsuits related to property based on written agreements is 10 years.
Sources
- 1 MO Stat § 442.420
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“Grant, bargain and sell”, how construed. — The words “grant, bargain and sell”, in all conveyances in which any estate of inheritance in fee simple… That the grantor was, at the time of the execution of such conveyance, seized of an indefeasible estate, in fee simple, in the real estate thereby granted..”
Source Link - 2 MO Stat § 442.400.
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Not valid until recorded. No such instrument in writing shall be valid, except between the parties thereto, and such as have actual notice thereof, until the same shall be deposited with the recorder for record.
Source Link - 3 MO Stat § 59.310.
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Documents for recording — page, defined — size of type or print.. (1) The document shall consist of one or more individual pages printed only on one side and not permanently bound nor in a continuous form.
Source Link - 4 MO Stat § 442.130.
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Execution of deeds and other conveyances — marital status of grantor required on written instruments… 2. All written instruments conveying real estate or… or other parties executing the instrument are married or unmarried.
Source Link - 5 MO Stat § 59.005.
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Definitions. (6) “Legal description” includes but is not limited to the lot or parts thereof, block, plat or replat number…. The address of the property shall not be accepted as legal description;
Source Link - 6 MO Stat § 442.140.
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Execution of deeds in foreign language — translation — recording. — 1. All deeds, mortgages or other instruments of writing conveying or affecting real estate..
Source Link - 7 MO Stat § 442.130.
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Execution of deeds and other conveyances. 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 his lawful agent, and shall be acknowledged or proved and certified in the manner herein prescribed.
Proof or acknowledgment, by whom taken. The proof or acknowledgment of every conveyance or instrument in writing affecting real estate in law or equity, … (1) If acknowledged or proved within this state, by some court having a seal, or some judge, justice or clerk thereof, or a notary public..
Source Link - 8 St. Louis, MO Code 15.152.030
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In addition to all other requirements prescribed by law.. including all warranty deeds (general or special), quitclaim deeds.. B. Shall be subscribed by all of the grantees thereof…
Source Link - 9 MO Stat § 442.030.
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Conveyance of property of spouse — covenants. … Where the property conveyed is owned by the husband and wife as an estate by the entirety, then both shall be bound by the covenants therein expressed or implied.
Gifts in fraud of marital rights — presumptions on conveyances… 2. Any conveyance of real estate made by a married person at any time without the joinder or other written express assent of such spouse..
Source Link - 10 MO Stat § 486.1155.
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Remote online notary required to be physically located within this state for performance of remote online notarial acts… 1. A remote online notary public shall perform a remote online notarization authorized in sections…
Source Link - 11 MO Stat § 59.310.
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Documents for recording. 6. Recorders of deeds shall be allowed fees for their services as follows: (1) For recording every deed or instrument: five dollars for the first page and three dollars for each page thereafter except for plats and surveys..
Source Link - 12 Cole County Recorder’s Fees
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Documents (8 1/2 inches by 11 inches) $24 – 1st page (Per document)
$ 3 – Each additional page thereafter (Per document)
Jackson County Recorder’s Fees
Documents (Deeds, etc.) – First Page $21
Documents (Deeds, etc.) – Each Additional Page $3
Source Link - 13 MO Stat § 516.110.
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What action shall be commenced within ten years… (1) An action upon any writing, whether sealed or unsealed, for the payment of money or property… (2) Actions brought on any covenant of warranty contained in any deed…
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