Free Kansas Quitclaim Deed Form

Tips for Preparing a Quitclaim Deed in Kansas

If you are considering giving up your interests in a piece of residential property you own every or some rights to, you might want to prepare a quitclaim deed.

But before you do, you need to understand the basics of the document, as well as everything that you need to do to ensure the validity of the document. And today is your lucky day because this article outlines tips that will guide you to the end.

Understanding the quitclaim deed

A quitclaim deed in Kansas, also called a quitclaim, a quitclaim deed form, or a non-warranty deed refers to a legal instrument or a deed that you use to transfer your interests or rights in real property from one person or entity to another. The transferor of the interests is the grantor while the recipient is the grantee.

This instrument differs from other deeds of conveyance like the general warranty deed and the special warranty deed in that the quitclaim will only convey the property rights that the grantor has at the time of the execution of the deed. It is a non-warranty deed because it doesn’t provide the guarantee that the grantor is the actual legal owner of the real property.

Despite the lack of warranties, this document is common among family members because it is family and often, a family is expected to know about the history of the property or the title.

What happens when there is no warranty of title?

Without warranties, the grantee has no or very little recourse against the grantor (giver or the seller of the property) should title issues arise in future. The grantee could lose their interests in the property.

So, if you are buying a property from someone you know nothing about or through a traditional sale, you should opt for a warranty deed rather than the non-warranty deed.

Know when to use the quitclaim

  • Some of the recommended and the common uses of the non-warranty deed include:

    • Clearing clouds or defects on a title. The clouds include record errors, misspelled names or any other record issues. This is a common practice where title companies are involved – for example when a cloud needs to be cleared before title insurance is provided. Lenders might also ask for the person not on loan, say an ex-spouse, to complete then record a deed to quitclaim their interest in a property.

    • Conveying property to a family member

    • Conveying property to children by parents

    • Property transfer to a spouse during marriage or from the ex-spouse after a divorce

    • In estate planning, the deed could be used to transfer property rights to a trust or a living trust.

    • A quitclaim could also be used to transfer legal property ownership to a corporation or an LLC.

    • You could also use the quitclaim to change the name of the owners of a property in question.

Ensuring the validity of the deed

When it comes to the validity of a quitclaim, you have to ensure that the document you prepare meets the statutory requirements.

You might look for samples of the quitclaim online or download a printable PDF version of the free Kansas quitclaim deed form. The form has all the sections to be filled.

Requirements of a valid quitclaim in Kansas

  • The statutory requirements for quitclaims are stipulated in code section 58-2202. They state that:

    • Each real estate conveyance passes the entire named estate of the grantor

    • The transfer of land ownership is only valid if the deed’s execution is done by someone who has an ownership interest in that property.

    • The deed must be prepared in the correct language

    • The deed must have the names and the mailing addresses of the grantor(s) and the grantee(s)

    • It should also have the full legal description of the document

    • If there is consideration paid for the conveyance, it must be noted. It should have a notarized signature of the grantor or their representative. Code section K.S.A. 58-2209 reinforces this need.

    • Every signature on the document must be accompanied by the printed or typed name of the signor, immediately below the signature.

    • Under code section 58-2221, the statutes further note the need to include every little detail about the transaction through which the grantor became the owner of the interests/ rights to the property.

    • It is also necessary to include the appropriate title of the document, as descriptively, as possible.

Delivery and acceptance of the document

For its validity, the document must be delivered and accepted by the grantee. For acceptance, the grantor might want to ask for a written note. Once signed by the two parties, the document is executed.

Recording

While there aren’t any specifics about the process of accepting the deed, the instructions and requirements on the recording of the conveyance are very specific.

The states note that the written document must be presented to the office of the register of deeds for recording. This should be done in the county that the land is located.

The recording should be done on sheets of paper that meet the statutory requirements

For the recording of the document without a document fee, the maximum acceptable paper size is a legal-sized paper of 8”x14”. And the document should be printed in a minimum 8-point font/ type.

Note: the state follows the “Race-Notice” recording statute system described in code 58-2222 and 2223. Here, it is required that the deed’s submission for recording is done as directed because the recording imparts constructive notice to any subsequent bona fide purchasers of the conveyed property.

According to this notice, an unrecorded deed will only give notice to the grantor and the grantee, but not to any future buyers. By recording, the public is aware of the property ownership change.

It also means that if the deed isn’t recorded, a conveyance of property rights to another grantee (B) by the grantor will invalidate the conveyance to the previous (unrecorded) grantee (A), if grantee B records the conveyance deed.

So, what we are saying is that you should record the property conveyance as soon as it happens.

Would you like to get started with residential property conveyance in Kansas City, Wichita, Lawrence, Topeka, Overland Park, Manhattan, Olathe, Pittsburg or any other city in Kansas? Download our free quitclaim deed here.