In Missouri, two parties with a high level of trust between them — like friends, family members, or business partners — may use a quitclaim deed to transfer ownership of a property.
A quitclaim deed is low in complexity and includes no guarantee to the receiver of the property (the “grantee”) that the current owner of the property (the “grantor”) has a legal right to both own and transfer the property.
For this reason, quitclaim deeds are usually not used in more formal real estate transactions between two sets of strangers, which often employ another type of deed, called a warranty deed. A warranty deed has more complex regulations and includes promises that the title is clear and the property rightfully and legally belongs to the grantor.
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 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. |
