A quitclaim deed allows an owner to "quit" or give away his interest in a property. Although quitclaim deeds serve the same purpose in every state, Missouri has some formatting requirements specific to that state. Although you can hire an attorney to prepare a quitclaim deed for you, it isn't a requirement.
Quitclaim Use
A quitclaim deed is used to transfer real estate interest from one person to another. It can be used to add a name, remove a name or correct errors on a deed. Since a quitclaim deed doesn't guarantee a clear title, this type of document is generally reserved for real estate transfers among family members.
Quitclaim deeds are commonly used after a divorce to remove an ex-spouse from a property title. For real estate transactions that involve money, warranty deeds are used, because they guarantee that the property is free of liens or other claims.
Required Elements
Certain elements must be present for a quitclaim deed to be valid. The deed must:
- Be written on white or light-colored paper free of any watermarks. Although most deeds are printed, handwritten deeds are also acceptable. Missouri deeds are only accepted in black or dark ink.
- Name and identify the parties involved. The grantor is the person giving away interest and the grantee is the person receiving the interest.
- Display the grantee's address on the first page of the document under Missouri law.
- Include the address of the property.
- Contain a legal description of the property, including the tax parcel number. If you can't find the legal description, refer to the original deed or property taxes. You can also contact the Missouri recorder's office or tax assessor in the county where the home is located.
- Convey interest from the grantor to the grantee. The necessary legal language must be included to transfer the interest or portion of interest to the grantee.
- Contain the grantor's signature. Only the grantor is required to sign in Missouri.
- Include a notary acknowledgement clause on the deed. A notary must acknowledge the grantor's signature and include either a stamped or impressed seal.
Drafting a Deed
Deed forms are available at stationery or office supply stores. Blank forms may also be downloaded and printed online. Some services allow you to create a free Missouri quitclaim deed online by entering the necessary information and printing. If you use an online service to create your deed, the grantor will still need to sign in blue or black ink in the presence of a notary public.
If you prefer, you can make your own quitclaim deed using a blank sheet of paper. Create the deed on an 8.5-by-11-inch sheet of white or light-colored paper using a font no smaller than 8 point. There must be a 3-inch top margin for the recorder's use. You need to include all the elements of a quitclaim deed, such as the parties, legal description, statement conveying interest and signature.
Taxes and Fees
Deeds are recorded in the recorder's office in the county where the property is located. Recording fees for quitclaim deeds vary among counties. As of the time of publication, the recording fee in Jackson County is $21 for the first page and $3 for each additional page. In Clay County and Platte County, the fee is $24 for the first page and $3 for each additional page. Unlike the majority of other states, Missouri doesn't assess a real estate transfer tax on quitclaim deeds.
