A Kansas quitclaim deed helps transfer real property without providing any covenants or warranties on the property title. The document is used to transfer property between family members or individuals with a preexisting relationship of trust.
Laws & Requirements
Statute: Kansas Statutes Section 58-2204: Recommended language for quitclaim deeds includes: “A.B. quitclaims to C.D. (here describe the premises), for the sum of (here insert the consideration).”
Signing Requirements: Kansas Statutes Sections 58-2205, 58-2209, and 58-2211: Kansas law requires a quitclaim deed to be signed by the grantor and acknowledged by a notary public, county clerk, register of deeds, mayor, or city clerk.
Recording Requirements: Kansas Statutes Section 58-2221: All quitclaim deeds in Kansas must be recorded with the Register of Deeds in the county where the property is located. To record a deed, you must pay a recording fee to the Register of Deeds. The fee may vary by county.
Transfer Tax: No. Fortunately, filing a quitclaim deed is relatively simple and cheap in Kansas. The state has no transfer tax, although there is a small tax on mortgage registration. You may have to pay a small amount if your quitclaim deed is used to add someone as an owner on a property with an existing mortgage.
Additional Documents: Kansas Statutes Section 79-1437c: The Real Estate Sales Validation Questionnaire (SVQ) must be completed unless an exemption applies (Kansas Statutes § 79-1437e).
How to File
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Step 1: Obtain a Copy of the Deed
- If the property owner lacks a copy, it can be requested from the county recorder’s office where the property is located.
- Necessary for accessing the property’s legal description.
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Step 2: Copy the Legal Property Description
- Use the legal description from the existing deed for the quitclaim deed.
- Descriptions typically include section, township, and range.
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Step 3: Draft the Kansas Quitclaim Deed
- Use language similar to that in Kan. Stat. § 58-2204, including “quitclaim” in the vesting clause.
- Indicate transfer is without warranty of title.
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Step 4: Fill Out the Real Estate Sales Validation Questionnaire
- Required to verify the consideration paid, unless exempt under specific conditions like gifts or transfers within a divorce settlement.
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Step 5: Notarize the Quitclaim Deed
- Must be signed by the grantor (and grantor’s spouse for homestead properties) in front of a notary.
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Step 6: File With the Register of Deeds
- Submit the completed, signed, and notarized quitclaim deed to the register of deeds in the county where the property is located.
- Provide the grantee’s name and mailing address for tax statement forwarding.
Costs and Fees
Recording Fees (Per Kan. Stat. § 28-115)
- Initial page (up to 8 ½ x 14 in.): $21
- Additional pages: $17 each (or fraction thereof)
- Signature acknowledgment: $12.50
- Technology fund contribution: $2 per page
Taxes
- Kansas Real Estate Transfer Tax: None
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Federal Taxes: Possible obligations include US gift tax and capital gains tax, depending on the terms of the quitclaim deed.
- US Gift Tax: No Kansas gift tax, but federal gift tax may apply for transfers exceeding the IRS’s annual exemption value. File Form 709 if applicable.
- Capital Gains Tax: Kansas treats capital gains as income, with rates depending on annual income. Federal capital gains tax also applies, with rates determined by income and property ownership duration.
Frequently Asked Questions
What are the main uses of a quitclaim deed in Kansas?
In Kansas, quitclaim deeds are frequently used for transferring property between family members, during a divorce as part of a settlement, for estate planning by transferring property to a family member as a gift, and when transferring property to or from a trust. They are also employed to clarify deeds that do not alter property ownership but may add details like a middle initial to an owner’s name.
How do you record a quitclaim deed in Kansas?
To record a quitclaim deed in Kansas, the completed and notarized deed must be taken to the Register of Deeds Office in the county where the property is located. Recording fees vary by county, and certain counties may have additional requirements, such as specific paper sizes or font requirements for the deed. Recording the deed provides constructive notice to all subsequent purchasers and is essential for the transfer to be acknowledged legally.
Can a quitclaim deed be used to transfer property to a joint tenant upon death in Kansas?
Yes, in Kansas, a quitclaim deed can be used to transfer property to a joint tenant upon the death of a co-tenant or to transfer land according to laws of interstate succession. This allows property owners to ensure that their real estate is passed on according to their wishes without the need for a formal probate process.
