Free Mississippi Quitclaim Deed Form

Everything You Need to Know About the Quitclaim Deed in Mississippi

If you’d like to relinquish your rights/ interests in a residential property to your children or spouse, a quitclaim deed will come in handy.

A quitclaim deed refers to a written legal instrument that is used to convey ownership interests in property or title from one party to another, usually, from a grantor to a grantee (recipient of property rights).

Mistakenly, the document is sometimes called a quick claim deed, but the acceptable alternatives to the quitclaim deed include non-warranty deed, quitclaim deed form, or simply a quitclaim.

It should be noted that this document is one of the many deeds used in real estate, but it’s the most commonly used document in property rights conveyance because of its ease of use and the efficiency with which it facilitates property transfers.

Unlike the warranty deeds and other deeds used in real estate, the quitclaim doesn’t promise the recipient of the property rights that they will be receiving a good title or that the grantee can sell the property when they want to. As a non-warranty deed, it tells a grantee that they are getting the property title “as-is” which means that the grantor might not be the only owner of the property and the title might have issues. Therefore, the deed only transfers the interests that are held by the grantor at the time of the transfer, only. On the other hand, the warranty deed promises the grantor/ buyer that there exist no tax liens, creditor liens, or mortgage liens at the time of the conveyance. The warranty deed will leave a grantor with a clean title; the deed comes with a warranty of title.

When to use the quitclaim

  • Without any promises or warranties, you can use the quitclaim deed in Mississippi to facilitate some simple transfers. The most common circumstances that call for the use of the non-warranty deed include:

    • In estate planning – you could use the deed to transfer your rights in the property to your children or siblings.

    • In clearing clouds on the title – when looking for title insurance, your insurer will run a title search. If the title comes with defects (clouds), you will be required to clear them by creating a new quitclaim. In most cases, the cleared cloud involves a name that is not accounted for in the quitclaim.

    • To effect changes in the owner’s name – if you change your name during ownership you can use the quitclaim to ensure that the right name is on your title.

    • Transferring your legal ownership rights to a corporation and LLC. Quitclaims can be used by companies/ corporations that wish to hold real property, especially if the entities are closely related.

    • When transferring property rights to a trust or a living trust, you could use a quitclaim.

Note, however, that despite these common uses of the quitclaim, the document is not going to clear your name off mortgage debt. One of the issues you should be aware of when using the deed is that it could trigger a due notice on the sale clause. Therefore, it is recommended only to execute the quitclaim once you’ve addressed matters relating to your mortgage obligation.

Also, wills and community property laws take precedence to the quitclaims.

Legal Requirements for a valid quitclaim

For its validity, you first need to download a free Mississippi quitclaim deed form online. We recommend that you get the printable PDF version of the document. And before you fill out the deed, check out online templates to know what is expected of you.

  • Quitclaim Requirements

    • The deed must have the signature of the grantor, and the notary public must acknowledge it.

    • It must also bear the full legal names and actual mailing addresses, as well as the telephone numbers of both the grantor and the grantee.

    • A full legal description of the document is also required, on the first page of the deed.

    • The deed should be accompanied by an affidavit that relates to the marital status of the grantor.

    • The deed must be recorded in the county that the property under conveyance is located.

    • The deed must have the “Prepared By” section duly filled with all the important information about the person preparing the deed. These details include the legal name, mailing address, and phone number.

    • There is also the “After Recording Return To” section which should have the details of the person who will get the deed after it’s recorded with the Mississippi Chancery Clerk.

    • The “Know All Men” section/ paragraph records the total value of the consideration paid for the exchange,

    • For recordation purposes, the deed must follow and meet the formatting requirements provided under section 89-5-24 of the statutes.

    • Besides the preservation of the chain of title, the quitclaim’s recordation in the public records because a quitclaim is deemed as valid against any purchaser or creditor who pays a valuable consideration for the property; unless the property is recorded with the recording clerk.

    • After the quitclaim’s filed by the county’s recording clerk, the timing priority for filing against older deeds will guide the priority that is given to any other conveyances for the same piece of property.

    • If a conveyance is not recorded or a deed that hasn’t been filed, then it will not take precedence over similar earlier recorded conveyance instruments that affect the same document.

    • If, on the other hand, the instrument has been recorded or filed for recording, the priority followed will follow the priority of filing. This is the case when an actual notice is missing.

If you are in Gulfport, Jackson, Biloxi, Hattiesburg, Tupelo, Columbus, Oxford, Madison or any other city in Mississippi and interested in transferring your rights in the residential property to your loved one, get our free quitclaim deed form here.