Kansas Quitclaim Deed

Introduction

Key Things to Know

1. 1

   File the deed with the register of deeds, not a county recorder. Under K.S.A. Section 58-2221 a Kansas conveyance is recorded in the office of the register of deeds of the county where the real estate is situated. Kansas follows a notice rule: under K.S.A. Section 58-2223 an unrecorded deed is valid only between the parties and anyone who has actual notice of it, so recording is what protects the grantee against a later buyer or creditor.

2. 2

   Homestead consent is a constitutional command in Kansas. Article 15, Section 9 of the Kansas Constitution bars alienating a homestead without the joint consent of husband and wife, so if the property is the family homestead a non-owner spouse must sign the quitclaim deed even when only one spouse is on title. The protected homestead reaches up to 160 acres of farming land or 1 acre inside an incorporated town or city.

3. 3

   Kansas charges no transfer tax, but the sales validation questionnaire is mandatory. Kansas imposes no state real estate transfer, deed, documentary-stamp, or excise tax on a deed. Instead, K.S.A. Section 79-1437c bars the register of deeds from recording most transfers unless a completed Real Estate Sales Validation Questionnaire is attached, unless the transaction falls under an exemption in K.S.A. Section 79-1437e.

4. 4

   Kansas supplies an official statutory quitclaim form. K.S.A. Section 58-2204 recites a short form worded in substance 'A.B. quitclaims to C.D.' for the stated consideration, duly signed and acknowledged by the grantor, and deems any deed so worded a good and sufficient conveyance in quitclaim. Unlike the statutory warranty deed at K.S.A. Section 58-2203, the quitclaim form carries no covenants of title.

5. 5

   Sign before a notary to make the deed recordable. The statutory form (K.S.A. Section 58-2204) requires the conveyance to be duly signed and acknowledged by the grantor, and K.S.A. Section 58-2205 confirms Kansas deeds are acknowledged and recorded as directed. Acknowledgment before a notary public is the formality that lets the register of deeds accept the deed.

6. 6

   No witnesses are needed. K.S.A. Section 58-2205 permits a conveyance to be executed and acknowledged without any other act or ceremony whatever, so Kansas does not require witnesses to a deed. Notarial acknowledgment is the only attestation the deed needs.

7. 7

   A quitclaim conveys only the interest the grantor actually holds. It passes whatever ownership the grantor has to the grantee and promises nothing about the state of the title, which is why common Kansas uses are divorce transfers, adding or removing a spouse, and moving a home into a trust, rather than an arm's length purchase where the buyer wants title protection.

Kansas Requirements for Quitclaim Deed

• Sign and Acknowledge Before a Notary

  To record a Kansas quitclaim deed the grantor must sign it and have the signature acknowledged before a notary public. The statutory quitclaim form at K.S.A. Section 58-2204 requires the conveyance to be duly signed and acknowledged by the grantor, and K.S.A. Section 58-2205 confirms deeds are acknowledged and recorded as directed.

• No Witnesses Are Required

  Kansas does not require witnesses to a deed. K.S.A. Section 58-2205 allows a conveyance to be made and acknowledged without any other act or ceremony whatever, so notarial acknowledgment, not witnesses, is the only attestation formality for a quitclaim deed.

• Record With the Register of Deeds

  Record the signed, acknowledged deed with the register of deeds of the county where the property is located (K.S.A. Section 58-2221). Kansas is a notice state: under K.S.A. Section 58-2223 an unrecorded deed is valid only between the parties and those with actual notice, so recording protects the grantee against later claims.

• Kansas Charges No Transfer Tax

  Kansas imposes no state real estate transfer, deed, documentary-stamp, or excise tax on a quitclaim deed. You pay only the register of deeds recording fee. This is different from states that charge a percentage of the sale price to record a deed.

• Attach the Real Estate Sales Validation Questionnaire

  Under K.S.A. Section 79-1437c most deeds cannot be recorded unless a completed Real Estate Sales Validation Questionnaire accompanies them. The questionnaire reports the sale price and terms for property-valuation purposes; it is a filing, not a tax, and the Kansas Department of Revenue provides the form.

• Sales Validation Questionnaire Exemptions

  Some transfers are exempt from the questionnaire under K.S.A. Section 79-1437e, including a gift or donation, a transfer to secure or release a debt, a correction or confirmation deed made without added consideration, a transfer to or from a trust without consideration, a transfer under a divorce settlement, and a transfer creating a joint tenancy or tenancy in common.

• Use the Statutory Quitclaim Form

  Kansas provides an express statutory short-form quitclaim deed at K.S.A. Section 58-2204. A deed worded in substance as the statute recites (A.B. quitclaims to C.D. the described premises, for the stated consideration, duly signed and acknowledged by the grantor) is deemed a good and sufficient conveyance in quitclaim. Unlike the warranty-deed form in K.S.A. Section 58-2203, it carries no covenants of title.

• Both Spouses Must Join to Convey a Homestead

  The Kansas Constitution (Article 15, Section 9) bars alienating a homestead without the joint consent of husband and wife when that relation exists. If the property is the family homestead, a non-owner spouse must join in or consent to the quitclaim deed even when only one spouse holds title. The homestead covers up to 160 acres of farming land or 1 acre within a town or city.