You can use different property deeds to transfer property in Mississippi. With certain deeds, the person transferring the property (often called the grantor) makes promises about whether they have good title to the property.
For those types of deeds, called warranty deeds, the grantee (the person to whom the property is transferred) can sue the grantor if, later on, a third party has a better claim to the property.
With the quitclaim deed, however, the grantor transfers the property without making any promises about the title. A quitclaim deed only transfers whatever interest the grantor has in the property to another party.
Read on for more information on transferring a deed in Mississippi and obtaining a free printable Mississippi quitclaim deed form.
Mississippi Quitclaim Deed Laws and Requirements
Under Mississippi law, a quitclaim deed must be in writing, contain a legal description of the property, and meet specific signing and acknowledgment requirements. After paying a recording fee, you should record the deed.
Laws
You can find the laws governing deeds in Mississippi in Title 89, Chapter 5 of the Mississippi Code.
Legal Description
The property’s legal description, which is not only the property’s mailing address, must be included in the deed under Mississippi Code Section 89-5-24.
Mississippi Code Section 89-5-33(3) requires the legal description to have an indexing instruction stating the section, township, range, and one or more quarter sections or governmental lots or other subdivisions of each section where the land is located.
Signing
Under Mississippi Code Section 89-3-7, the grantor must sign the deed. Without the grantor’s signature, the deed is invalid.
Acknowledgments
A notary public or other court officers must acknowledge the grantor’s signature and include their official seal.
Terminology
The Mississippi statutes do not provide a sample quitclaim deed like some other states. Nonetheless, using the term “quitclaim” within your deed is a good idea to ensure that a court interprets the deed as a quitclaim deed in case of a future property dispute.
Transfer Tax
Mississippi is in the minority of states that do not impose a transfer tax on real estate transfers.
Additional Documents
Under Mississippi Code Section 89-5-8, an affidavit regarding marital status and identification may be required.
Witnesses
Besides acknowledging the grantor’s signature, you do not need witnesses for a Mississippi quitclaim deed.
Recording
You must record your quitclaim deed with the Chancery Court Clerk in the county where the property is located. Before the deed can be recorded, you will have to pay a recording fee.
Mississippi Code Section 89-5-24 provides requirements for recording documents.
The document must list the following for the buyers, sellers, document preparer, and the person to whom the deed is to be returned:
- names
- mailing addresses
- telephone numbers
The document’s formatting requirements are as follows:
- at least 10-point font
- at least a 3-inch top margin on the first page
- minimum of a three-fourths inch for all other margins
How to Write & File a Quitclaim Deed in Mississippi
Follow the steps below to write and file a quitclaim deed in Mississippi.
Step 1 – Obtain Quitclaim Deed Form
Acquire a blank copy of the MS quitclaim deed, you do not need a lawyer to fill it out.
Step 2 – Fill in Preparer’s Details
In the “Prepared By” section in the upper left, input the information for the individual submitting the quitclaim deed.
Step 3 – Write ‘Return To’ Information
Below, in the space “After Recording Return To,” fill out the information of the party receiving the deed after recording, typically the buyer.
Step 5 – Note Consideration
In the paragraph beginning “Know All Men” list the total dollar amount that is being exchanged for the transferred property deed, in written and numerical form.
Step 6 – Enter Grantor Details
In the first space in the “in hand paid to” section, list the full name of the one transferring their claim to the property, followed by “Grantor” in the second space. In the following spaces, write the street address, County, City, and State where the Grantor resides, and the Grantor’s phone number.
Step 7 – Write Grantee Information
Next, in the space following the term “hereby conveys and quitclaims to” list the full name of the person receiving the quitclaimed property, followed by “Grantee” in the second space. Then record the Grantee’s residential address, County, City, State, and telephone number.
Step 8 – Note Property Legal Description
In the space before “Mississippi to-wit” record the County where the property is located. Then, written in the following blank space, or cited as an attachment, report details such as Property Address, Property Parcel Number, and the Legal Description on the Property Deed.
Step 9 – Get Quitclaim Deed Notarized
Finally, the deed should be signed by the grantor(s) in the space provided and notarized by a Notary Public. The Notary Public will report the County, the names of the Grantor(s) in attendance, the date of signing, his or her ID Number and Commission Expiration, and the Notary Seal.
Step 10 – File Your Mississippi Quitclaim Deed
The signed, notarized quitclaim deed must then be recorded with the Mississippi Chancery Clerk of the County where the property is located.
An unrecorded quitclaim deed will not take precedence over a similar document regarding the same property that has been recorded, and priority is given to the time of filing.
Mississippi Quitclaim Deed Sample
Below is an example of what a Mississippi quitclaim deed looks like.