How do I file a quitclaim deed in Missouri?
1. Quitclaim vs Warranty Deed
Missouri quitclaim (Mo. Rev. Stat. § 442.460) conveys whatever interest the grantor has. A general warranty deed (§ 442.420) carries the statutory warranty covenants; a special warranty deed warrants only against grantor's acts.
2. Common Uses
Divorce, interspousal transfers, gifts to family, trust funding, removing an ex-spouse, beneficiary deed (TOD) under § 461.025 is a common alternative for testamentary transfers.
3. Execution Formalities
Mo. Rev. Stat. § 442.130 — deed in writing signed by the grantor; § 442.150 — acknowledged before a notary for recording. No subscribing witnesses required.
4. Required Contents
Grantor and grantee names with addresses, legal description, parcel ID, words of conveyance ("does hereby remise, release, and quitclaim"), consideration recital. Cover sheet required by some counties.
5. Recording
County Recorder of Deeds where the land sits (Mo. Rev. Stat. § 59.310); recording fees roughly $24 first page + $3 per additional page.
6. Transfer Tax
Missouri has NO state real estate transfer tax. Only recording fees and the small Missouri Housing Trust Fund fee ($3) apply.
7. Title Insurance Limits
MO title insurers typically decline to insure based on a recent quitclaim without curative work.
8. Pitfalls
Quitclaim doesn't release mortgage liability; due-on-sale risk; Garn-St. Germain (12 U.S.C. § 1701j-3) shields qualifying family transfers. Missouri abolished dower in 1955 but spousal joinder is still wise on marital residence.
9. Special Local Rules
Missouri beneficiary deed (§ 461.025) is a powerful estate-planning tool — quitclaim into a trust may be unnecessary in some cases.
This is legal information, not legal advice.
- Beneficiary deed vs trust funding analysis
- Divorce decree quitclaim execution
- Mortgaged property with due-on-sale exposure
- Mo. Rev. Stat. § 442.460
- Mo. Rev. Stat. § 442.130
- Mo. Rev. Stat. § 442.150
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.