Mississippi Quitclaim Deed

Introduction

Key Things to Know

1. 1

   A quitclaim deed transfers only the interest you actually have. It passes whatever ownership you hold in the property to the grantee and makes no promise that the title is clear, or even that you own anything. A warranty deed, by contrast, guarantees the title, which is why a quitclaim (often typed as a quit claim deed) is used mainly between people who trust each other.

2. 2

   Record it with the Chancery Clerk. Under Miss. Code Section 89-5-1 a Mississippi conveyance is recorded with the clerk of the chancery court of the county in which the land is situated. Filing is what protects the grantee against a later purchaser for value without notice, and priority between competing deeds is set by the time of filing.

3. 3

   You must sign before a notary. To be recorded, a Mississippi deed must be acknowledged or proved according to law (Miss. Code Section 89-3-1). Acknowledgment before a notary or other authorized officer is the standard method, and the Chancery Clerk will not record a deed that is not acknowledged.

4. 4

   No witnesses are required. Mississippi does not require attesting or subscribing witnesses on a deed. Recording turns on the deed being acknowledged or proved under Miss. Code Section 89-3-1, so a notary acknowledgment is the operative formality.

5. 5

   Mississippi charges no transfer tax. The state imposes no general real-estate transfer, deed, or documentary-stamp tax on an ordinary quitclaim deed. You pay only the county Chancery Clerk's recording fee when the deed is filed.

6. 6

   There is no Mississippi quitclaim form to fill in. The state does not codify a fill-in-the-blank statutory deed. Miss. Code Section 89-1-39 fixes the legal effect of a conveyance of quitclaim and release: it passes all the estate the grantor has and estops the grantor from later claiming an after-acquired adverse title.

7. 7

   Homestead property needs a spouse's signature. Under Miss. Code Section 89-1-29 a conveyance of a homestead by a married owner living with a spouse is not valid or binding unless the spouse also signs, except when one spouse conveys the homestead to the other. Common quitclaim uses include divorce transfers and moving a home into a living trust.

Mississippi Requirements for Quitclaim Deed

• Sign Before a Notary Public

  To record a Mississippi quitclaim deed you must have it acknowledged before a notary public or other authorized officer. Miss. Code Section 89-3-1 lets a deed be recorded only if it is acknowledged or proved according to law, so acknowledgment is what makes the deed recordable.

• No Witnesses Are Required

  Mississippi does not require attesting or subscribing witnesses on a deed. Under Miss. Code Section 89-3-1 recording turns on the deed being acknowledged or proved according to law, so a notary acknowledgment, not witnesses, is the operative formality.

• Record With the Chancery Clerk

  Record the signed, acknowledged deed with the Chancery Clerk (clerk of the chancery court) of the county where the property is located (Miss. Code Section 89-5-1). Filing protects the grantee against a later purchaser for value without notice, and priority between competing conveyances of the same land is set by the time of filing.

• Mississippi Charges No Transfer Tax

  Mississippi imposes no general real-estate transfer, deed, or documentary-stamp tax on an ordinary quitclaim deed. When you record the deed you pay the county Chancery Clerk's recording fee, but there is no percentage-of-value transfer tax to compute or show on the face of the deed.

• There Is No Mississippi Quitclaim Form to Fill In

  Mississippi does not codify a fill-in-the-blank statutory deed form. Miss. Code Section 89-1-39 instead fixes the legal effect of a conveyance of quitclaim and release, so you draft the deed to meet the general conveyance and recording rules rather than filling in a prescribed state template.

• Homestead Property Needs a Spouse to Join

  Under Miss. Code Section 89-1-29 a conveyance of a homestead by a married owner who lives with a spouse is not valid or binding unless the spouse also signs the deed. The one exception is when a spouse conveys the homestead interest to the other spouse. For non-homestead property this joinder rule does not apply.

• How a Mississippi Quitclaim Passes Title

  A quitclaim deed passes no warranty. Under Miss. Code Section 89-1-39 a conveyance of quitclaim and release passes all the estate or interest the grantor has in the land and estops the grantor and the grantor's heirs from asserting a later-acquired adverse title, but it gives the grantee only whatever interest the grantor actually held.

• Meet the Recording Format Rules

  Under Miss. Code Section 89-5-24 the first page of the deed must reserve a top margin of at least three inches for the recorder, all other margins must be at least three-fourths of an inch, and the text must be a font no smaller than ten-point. The first page below the margin must also identify the preparer and each grantor and grantee with their mailing addresses.