A Missouri quitclaim deed is a straightforward way to transfer real property without providing any warranties about the property title. Essentially, the grantor relinquishes their interest in the property to the grantee without making any legally binding assurances regarding claims or liens against the property. This type of deed is commonly employed in situations such as divorce or property transfers among family members.
How to File
Filing a quitclaim deed in Missouri is simple when you follow the right steps. Recording your deed correctly protects your ownership rights and makes the transfer official.
Step 1 – Download a Missouri Quitclaim Deed Form
Locate and download a Missouri-specific quitclaim deed form template that can help keep you in line with state regulations regarding quitclaim deeds.
Step 2 – Enter the Document Preparer’s Details
The document may be prepared by the grantor or by a professional drafter like a licensed attorney. The name and address of the document preparer should appear in the upper left corner of the deed.
Step 3 – Add the Return Address
Directly under the document preparer’s details, write out the name and address of the person to whom the deed and supporting documents should be returned after the deed’s official recording. This is usually the grantee but can be anyone of your choosing.
Step 4 – Write the Grantor’s Identifying Information
Add the grantor’s name to the document. Note their marital status. Also, write out their mailing address including the county, city, and state in that order.
Step 5 – Write the Grantee’s Identifying Information
Repeat step four, this time writing the grantee’s full, legal name. Their marital status can be included but is not as necessary as the grantor’s, since Missouri law requires the signature of the grantor’s spouse if the property is their shared homestead. Add the grantee’s address with the county, city, and state.
Step 6 – Note Consideration
Write the amount of money, if any, that the grantee will pay the grantor in exchange for the property. Write it first in words and then, in parentheses, in numbers following a dollar sign.
Step 7 – Record the Property’s Legal Description
Add the property’s legal description, which includes the full address including the county as well as other identifiers. These may include one, multiple, or all of the following in the state of Missouri:
- The block, plat number, plat book, and page of recorded plat
- A metes and bounds description with acreage
- The quarter or quarter section and township
- An attached document describing the property like a previous deed
Step 8 – Note the Homestead Status
Note whether the property is the grantor’s — and their spouse’s, if applicable — homestead. A homestead is a property considered its owner’s primary residence.
Step 9 – Get the Proper Parties to Sign and Acknowledge the Deed
The grantor must sign in front of a notary who officially acknowledges the signature. In the city of St. Louis, Missouri, only, the grantee must also sign.
If the grantor is married, and the property is considered their homestead, the grantor’s spouse must also sign the document in front of the notary. Alternatively, the spouse can sign a waiver of their homestead rights ahead of time that must be attached to the deed.
Step 10 – File the Deed
Take the completed deed to the Missouri county recorder’s office in the county where the property is located. Pay all necessary filing fees, set by each county, at the time of filing.
Costs and Fees
In Missouri, quitclaim deed costs include minimal filing fees and mostly federal taxes. Unlike other states, Missouri does not often impose any state-level tax on property transfers.
Filing Fees
The minimum filing fees for a quitclaim deed in the state of Missouri are laid out in Mo. Rev. Stat. § 59.310. They are:
- $5 for the first page
- $3 for each additional page
However, each county in Missouri reserves the right to set their own filing fees above these minimums, and many do. Check with the Missouri county recorder’s office for the county in which the property is located to determine exactly how much you may owe in filing fees.
Taxes
Gift taxes and capital gains taxes may be triggered by the filing of a quitclaim deed, depending on your specific situation.
1. Documentary Transfer Tax (DTT)
Missouri, unlike many other states, does not impose a real estate transfer tax on conveyances of real property. This means that Missouri grantors and grantees are typically subject to less tax than property transferors and receivers in other states.
2. US Gift Tax (Form 709)
Missouri itself imposes no state-specific gift tax. The federal government, however, does impose a gift tax on property valued over a certain amount that is given for little to no payment, or “consideration.” The amount of property value that triggers the tax changes from year to year.
The form used for the federal gift tax is IRS Form 709. You can follow the instructions on the form to find out if you owe gift tax, how much you may owe, and details of how and when to pay this tax.
3. Capital Gains Tax
Both Missouri and the federal government impose a capital gains tax on transfers of real property. If you have lived on the property for less than one year before selling, then you must pay a short-term capital gains tax.
In the US, IRS Topic No. 409 and IRS Publication 551 describe the details of the federal capital gains tax. Use these two IRS resources to check the amount you may owe and learn about any possible exemptions and deductions.
Missouri Quitclaim Deed Requirements
To be legally recognized, a quitclaim deed in Missouri must meet certain state-specific rules and formatting standards. Knowing exactly what to include can help you transfer property confidently.
Legal Framework
The Missouri Revised Statute (Mo. Rev. Stat.), Tit. XXIX, Ch. 442 sets forth the laws regarding Missouri quitclaim deed requirements.
Legal Description
In Missouri, a legal description of a property includes one or more of several identification methods. The options for property identification, alongside the property’s full address, including county, are as follows:
- The block, plat number, plat book, and page of recorded plat
- A metes and bounds description with acreage
- The quarter or quarter section and township
If there is not enough space within a Missouri quitclaim deed form to fully describe the property, you may append another, previously recorded document, such as a past deed, that explains it in greater detail. If you decide to use such an attachment, you must note the book and page number of the attached document within the deed.
Signing
For a quitclaim deed to be considered legally valid in the state of Missouri, the following signature requirements must be followed, per Mo. Rev. Stat. § 442.130 and Mo. Rev. Stat. § 442.150:
- The grantor must sign the document in front of a notary public
- The notary must officially acknowledge the signature and notarize the document
- In St. Louis, Missouri, only, the grantee must also sign the deed, per St. Louis Code § 15.152.030
- If the property is considered a “homestead” and the grantor is married, then both spouses must sign the document, as stated in Mo. Rev. Stat. § 442.030 and Mo. Rev. Stat. § 474.150
- Regarding the previous bullet point, in lieu of a spouse’s signature, a spouse can sign a waiver of homestead rights that must be attached to the deed
Please note that online notarization options are accepted in Missouri, but the notary must be located and licensed in Missouri.
Terminology
All Missouri quitclaim deeds must state that the grantor intends to “remise and quitclaim” their interest in the property in question to the grantee. These rules are set forth by Mo. Rev. Stat. § 442.420.
A quitclaim preparer should not use the words “grant,” “bargain,” or “sell,” as these are considered to imply a warranty of title, or a promise that the grantor legally owns the property and has the right to transfer it. Using words like these transforms a quitclaim deed, which includes no warranties, into a type of warranty deed.
Additional Documents
No additional documents are required alongside a quitclaim deed in Missouri.
Filing
A completed quitclaim deed must be filed in the Missouri county recorder’s office for the county where the property is located. This is stated in Mo. Rev. Stat. § 442.400.
Validity Requirements
Mo. Rev. Stat. § 59.310 governs the formatting requirements that all quitclaim deeds in the state must follow. These requirements stipulate that the:
- Paper size must be standard letter (8.5 x 11)
- Paper color must be white or another light color
- Font size must be a minimum of eight points
- Font color must use black or dark ink
- Pages must be printed on one side only
- First page must have a three-inch top margin for the recorder’s official use
- Remaining sides and pages must have ¾-inch margins
Additionally, deeds not originally written in English must include an attached sworn translation. Also, no permanent binding can be applied to the document; staples are acceptable.
Content Requirements
In the content of a Missouri quitclaim deed, the following information must be included:
- The grantor and grantee’s names and addresses
- The grantor’s marital status
- A title that says “Quitclaim Deed”
- The date of the document, which should match the date of signing
- The full property address
- A legal description of the property
Quitclaim Deeds vs. Other Property Transfer Methods in Missouri
In the state of Missouri, several different methods for the transfer, or “conveyance,” of property exist. Outside quitclaim deeds, general and special warranty deeds provide more protection for the grantee against possible defects in the title, or their legal right to own the property.
Title insurance is an added protection that grantees can seek on top of a deed that places more risk on them, like a quitclaim. Additionally, Missourians can plan their estate using one of two options, either a more traditional life estate deed or a newer beneficiary deed.
| Quitclaim Deed | General Warranty Deed | Special Warranty Deed | Title Insurance | Life Estate Deed | Beneficiary Deed |
|---|---|---|---|---|---|
| A quitclaim deed is often used to more easily transfer property between two parties that know and trust one another, like friends, family members, or business partners. This type of deed is low in complexity but also low in security for the grantee, as the grantor does not make any guarantees that their claim of ownership on the property is clear and complete. | A general warranty deed is more complex than a quitclaim deed and provides ample protection for the grantee. In it, the grantor promises that they have the right to transfer the property in full to the grantee. If any issues with the title arise, the grantor must defend the property against them, and the grantee can sue them for related financial damages. | A special warranty deed, sometimes referred to as a limited warranty deed, splits the responsibility for defending the property title to ownership between the grantor and the grantee. Any title issues occurring during or related to the grantor's period of ownership fall on the grantor, while any issues occurring outside that time fall on the grantee. | A grantee who acquires ownership through a quitclaim deed assumes all risk of title defects, which means that they're entirely responsible for defending their title against other ownership claims. Grantees can use title insurance to help mitigate this risk, since a title insurance company will reimburse them for financial losses related to title issues. | A life estate deed divides ownership of a Missouri property into two parts. The first part, called the “life estate,” goes to the current owner, who can live in and use the property until they pass away. Upon their death, the "remainder interest" in the property passes to the beneficiaries. The owner must include the beneficiaries in all property decisions after the deed is enacted. | Similar to what many other states call a transfer on death deed, or TODD, a beneficiary deed is an updated version of a traditional life estate deed. Its main difference from a life estate deed is that the owner retains complete control over the property during their lifetime, not requiring the consent of the beneficiaries for any property decisions. This also allows the owner to change the beneficiaries at any time. |
Sample Missouri Quitclaim Deed
Below is a free sample Missouri quitclaim deed. You can personalize this template using our document builder and download it as a PDF or Word file.
Frequently Asked Questions
How does a quitclaim deed work in Missouri?
In Missouri, quitclaim deeds transfer property without a warranty of title, meaning they convey the property “as is.”
This is typically used among parties who know each other, such as family members, divorcing couples, or business partners, because it does not provide the grantee with any guarantee about the property’s title quality. The deed must meet specific requirements and be filed correctly to avoid future issues.
When should you use a quitclaim deed in Missouri?
Quitclaim deeds in Missouri are commonly used in non-commercial transactions where the parties have an existing relationship, like transferring property to a family member, between spouses after a divorce, or when transferring property to a trust or business entity owned by the grantor.
They are generally not used in transactions where the buyer expects some assurance of clear title.
Can a quitclaim deed be used to transfer property to a trust in Missouri?
Yes, a quitclaim deed can be used to transfer property to a trust in Missouri. This is a common practice for property owners who wish to avoid probate by placing their property title in a living trust.
The use of a quitclaim deed for this purpose ensures that the property can be managed according to the trust’s terms without going through probate upon the owner’s death.
Is title insurance necessary when acquiring property via a quitclaim deed in Missouri?
While not mandatory, obtaining title insurance is highly recommended for those acquiring property through a quitclaim deed in Missouri. Since a quitclaim deed comes with no guarantees regarding the property’s title, title insurance offers protection against potential title issues.
It ensures that any financial loss due to title problems is covered, providing peace of mind to the new owner.
