The Missouri quitclaim deed is a document that enables one party, the grantor, to transfer their property to another party, called the grantee.
The grantor (seller) will sign the quitclaim deed and transfer all of their interests in the property to the grantee (buyer). However, the general quitclaim deed doesn’t provide any warranties for the grantee. That means that the grantor does not guarantee to the new owner that there are no other claims to the property and that there are no flaws with the property title.
Due to these features of the quitclaim deed, the grantee should always do a property search and make sure the property title doesn’t have any flaws that will affect the future owner.
Quitclaim Deed Important Laws & Requirements in Missouri
Laws & Requirements
Signing requirements: The grantor's signature must be acknowledged by the notary public. (§ 442.130)
Recording requirements: The parties must submit the finalized quitclaim deed to the Recorder of Deeds according to the location of the property.
Recording fees: The fees are different in different counties; most of them charge $24 for the first page and $3 for each additional page.
When to Use a Quitclaim Deed in Missouri
The special features of the Missouri quitclaim deed make it suitable for the following legal actions:
#1. Title Modifications
The simple form of the quitclaim form enables the grantor to easily make changes and modifications to the property title. The grantor can make changes due to an error in the property title or when some of the information must be updated.
#2. Property Transfer
The grantor (seller) can use the general quitclaim deed to transfer the property to the grantee (buyer). Compared to the other types of deeds (warranty and special warranty deeds), the quitclaim deed is the fastest way to transfer the property.
However, the quitclaim deed doesn’t provide any buyer protection since the grantor doesn’t guarantee the grantee that there are no other claims against the title. Therefore, this type of quitclaim deed should be used between trusted parties and family members.
#3. Living Trust Transfer
The grantor can use the quitclaim deed to transfer the property to their living trust.
Besides making a will, this is the most commonly used way of transferring property to family members. This kind of action doesn’t require any additional warranties since there is only one person involved in the transaction, which makes the quitclaim deed a perfect solution.
How to Create a Quitclaim Deed in Missouri
#1. Fill Out The Form
Firstly, enter the information about the parties. This includes their names, mailing addresses, and marital statuses.
The form must also include information on how the property will be vested (tenancy in common, joint tenancy, or tenancy by the entirety).
#2. Add the “Note Consideration”
The note consideration provides information on what the grantee (buyer) owes to the grantor (seller) for transferring the property. The transaction can be made with or without consideration (as a gift).
The consideration can be the transfer of money, default on debt, the provision of services, or any other kind of value.
#3. Write the Legal Description
This section includes information that helps the parties individualize the property. It includes the plot number and, eventually, the description of property boundaries.
#4. Sign & Get it Notarized
The grantor must sign the quitclaim deed before the notary public. In the City of St. Louis, both the grantor and grantee must sign the quitclaim deed before the notary.
#5. File the Quitclaim Deed
The quitclaim deed should be submitted to the governmental body in charge of deed registration.
Where to File a Quitclaim Deed in Missouri
In Missouri, the parties should file the quitclaim deed with the Recorder of Deeds according to the location of the property.