A Kansas quitclaim deed is a legally binding document that transfers real estate interest from a seller, or grantor, to a recipient, or grantee. The primary goal of a quitclaim deed is to transfer property without warranty of title or ownership, meaning there is no guarantee the title is free of defects such as mortgages, liens, or third-party ownership claims.
Quitclaim deeds are ideal for property transfers between family members where little or no consideration is exchanged. Common uses for Kansas quitclaim deeds include:
- Transferring a deed to an ex-spouse in divorce proceedings
- Conveying property to a general partnership or business entity
- Gifting a property to a close family member
- Transferring property ownership to a real estate trust
- Adding someone to the title as a joint tenant with a right of survivorship
Legal Framework
Kansas quitclaim deed laws address when and how you can use a quitclaim deed for property transfers, deed modifications, and more. Kan. Stat. § 58-2205 establishes the basis for using a deed to convey land or other real estate interest. Kan. Stat. § 58-2204 further explains the use and form of quitclaim deeds for conveying Kansas real estate interests.
Legal Description
Your quitclaim deed in Kansas should clearly describe the location and orientation of the property being conveyed. You can find the legal description on the deed and transfer the language verbatim to your quitclaim document. Per the Kansas Register of Deeds Association [1], property is legally described by section, township, and range.
Signing
Kan. Stat. § 58-2209 states that any deed conveying any real estate interest must be signed by the grantor or their lawful agent or attorney. Kan. Stat. § 58-2204 specifically states that quitclaim deeds duly signed and acknowledged by the grantor are sufficient to quitclaim the property to the grantee or his heirs and assigns.
Per Kan. Stat. § 58-2211, all signatures on a deed or other real estate conveyance must be acknowledged before a notary. If signed in the state of Kansas, the document can also be acknowledged by a county clerk, register of deeds, or mayor or clerk of an incorporated city.
Kansas Constitution, Art. 15 § 9 also requires the grantor’s spouse’s signature on any conveyance related to a homestead property.
An electronic signature that meets requirements under Kan. Stat. § 58-4403 may be accepted in lieu of a physical signature.
Terminology
Kan. Stat. § 58-2204 provides general language for quitclaim deeds in Kansas. The language can be modified as needed but should include the term “quitclaim” in the conveying language. Although the law does not require it, you may consider adding language to indicate that the property is quitclaimed without warranty of title or covenants.
Additional Documents
Per Kan. Stat. § 79-1437c, real estate transactions, including certain quitclaim deeds must be accompanied by a real estate sales validation questionnaire [2]. Transactions exempt from this requirement include the following, according to Kan. Stat. § 79-1437e:
- Transfers releasing or securing security for an obligation
- Transfers correcting or modifying a previously recorded deed without additional consideration
- Gifts, donations, or contributions
- Cemetery lots
- Transfers to or from a trust without consideration
- Transfers due to a divorce settlement
- Conveyance to create a joint tenancy or tenancy in common
If your Kansas quitclaim deed is exempt from the validation questionnaire requirements, you must clearly state the exemption on the deed.
Filing
Per Kan. Stat. § 58-2221, every deed conveying real estate property in Kansas must be registered with the register of deeds office in the county where the property is located [3]. The grantor or grantee who files the document must also provide the full name and mailing address of the grantee so they can receive tax statements for the property.
Validity Requirements
Kan. Stat. § 28-115 provides detailed instructions for formatting documents. To be valid at the time of filing, your Kansas quitclaim deed must:
- Be printed on paper 8 ½ in. x 14 in. or smaller, preferably 8 ½ in. x 11 in.
- Be legible and clear enough for photographic copies
- Be typed in 8-point or larger font
- Include a 3 in. margin on the top of the first page and at least 1 in. for all other margins
- Include a blank space on the top of the first page for the register of deeds recording stamp
- Include the typed or printed names of each signer directly below their signatures
Content Requirements
Kansas quitclaim deeds must also include the following information:
- Grantor and grantee names (Kan. Stat. § 58-2204)
- Legal description of real estate being conveyed (Kan. Stat. § 58-2204)
- Vesting clause in which the grantor quitclaims the property without warranty of title (Kan. Stat. § 58-2204)
- Consideration exchanged for the property (Kan. Stat. § 58-2204)
- Date of the transaction (Kan. Stat. § 19-1205)
- Title of document (Kan. Stat. § 19-1205)
- Grantor’s signature (Kan. Stat. § 58-2209)
- Grantor’s spouse’s signature if the property is a homestead (Kansas Constitution, Art. 15 § 9)
- Notary acknowledgment (Kan. Stat. § 58-2211)
Quitclaim Deeds vs. Other Property Transfer Methods
| Quitclaim Deed | Limited Warranty Deed | Warranty Deed | Title Insurance | Transfer-on-Death Deed | Life Estate Deed |
|---|---|---|---|---|---|
| Transfers property interest from the grantor without any guarantees about title or ownership. The grantor cannot be held liable for any title defects that arise after the transfer. | Provides a limited warranty upon transfer of the real property. The grantor typically warrants that the property is free of liens, encumbrances, or third-party claims that arose during their ownership period. However, they do not make any guarantees about the title or ownership status prior to the grantor taking ownership. | Provides a full warranty of title, making the grantor responsible for any liens, encumbrances, defects, or other title issues related to the property, regardless of when they occurred. If issues arise, the grantee can sue the grantor for damages related to title defects. | Grantees who receive property via a quitclaim or limited warranty can purchase title insurance for a premium. The policy covers losses or damages that may arise as a result of undisclosed title defects or questions of ownership. | A transfer-on-death (TOD) deed conveys real estate from the owner, or grantor to a beneficiary upon the owner's death. It is a popular option for estate planning because it allows the property to be transferred outside probate. | A life estate deed allows the owner to become a life tenant and transfers the property interest to another individual upon their death. This type of deed can limit the owner's ability to mortgage or sell the property. |
