Missouri Warranty Deed

Introduction

Key Things to Know

1. 1

   A warranty deed is a deed in which the seller guarantees clear title and agrees to defend the buyer against any later claim. Missouri delivers this through its grant, bargain and sell deed, whose covenants reach even a predecessor's encumbrances, unlike a quitclaim, which guarantees nothing.

2. 2

   Missouri codifies its warranty covenants in the operative words. Under Section 442.420 the words grant, bargain and sell in a fee-simple conveyance are construed, unless expressly restrained, as covenants that the grantor holds an indefeasible fee simple, that the estate is free of encumbrances done or suffered by the grantor or any person under whom the grantor claims, and for further assurances.

3. 3

   Because the Section 442.420 encumbrance covenant reaches encumbrances by the grantor or predecessors, the Missouri grant, bargain and sell deed is a general warranty deed. A special or limited warranty deed narrows that covenant to the grantor's own ownership by expressly restraining the statutory words.

4. 4

   A Missouri warranty deed also passes after-acquired title: if the grantor undertakes to convey an indefeasible fee simple but obtains title only later, that title passes automatically to the grantee (Section 442.430). A quitclaim deed does not do this.

5. 5

   You record the signed deed with the recorder of deeds of the county where the property is located (Section 442.380). Missouri follows a notice priority rule, so a deed is not valid against a later buyer without notice until it is deposited for record; record promptly (Section 442.400).

6. 6

   The grantor's signature must be acknowledged before a notary before the deed can be recorded (Section 442.130; Section 442.150), and the deed must state whether each natural-person grantor is married or unmarried (Section 442.130). Missouri does not require subscribing witnesses for a deed. Missouri also imposes no state or local real estate transfer tax.

7. 7

   A married grantor should have the non-owner spouse join the deed or give written acknowledged assent, because a conveyance without it can be attacked as in fraud of marital rights (Section 474.150); for a homestead, both spouses must join or the conveyance is null and void (Section 513.475).

Missouri Requirements for Warranty Deed

• Title Guarantee and Covenants

  A warranty deed guarantees clear title and defends the buyer against claims. Missouri codifies its warranty covenants in the operative words: under Section 442.420 the words grant, bargain and sell in a fee-simple conveyance are construed, unless expressly restrained, as covenants of seizin in an indefeasible fee simple, freedom from encumbrances done or suffered by the grantor or any person under whom the grantor claims, and further assurances.

• Grant, Bargain and Sell Deed and After-Acquired Title

  Missouri's standard warranty instrument is the grant, bargain and sell deed, whose operative words trigger the Section 442.420 covenants. Missouri does not codify a mandatory statutory deed form or the literal words warrant and defend; general warranty deeds add that express clause by custom. A Missouri warranty deed also passes after-acquired title to the grantee (Section 442.430); a quitclaim deed does neither.

• Record with the County Recorder of Deeds

  Record the signed, notarized deed with the recorder of deeds of the county in which the real property is situated (Section 442.380). Missouri follows a notice priority rule: an unrecorded conveyance is not valid against a later purchaser without notice until it is deposited with the recorder for record (Section 442.400). Record promptly to protect your interest.

• Notary Acknowledgment, No Witnesses

  Before recording, the grantor's signature must be acknowledged before a notary or other authorized officer (Section 442.130; Section 442.150). Missouri does not require subscribing witnesses for a deed, so a proper notarial acknowledgment is the recording path. The deed must also be subscribed by the grantor.

• Marital-Status Statement Required

  Missouri requires every instrument conveying real estate to state whether each natural person executing it as a grantor is married or unmarried (Section 442.130). Include this marital-status statement on the face of the deed. Identify the grantor and grantee, state the consideration, and include the full legal description of the property, not just the street address.

• No Real Estate Transfer Tax

  Missouri imposes no state or local real estate transfer tax, documentary stamp tax, or deed tax on recording a warranty deed. You pay only the county recorder's flat recording fees, which are clerical charges rather than a value-based tax, so a Missouri deed does not carry a transfer-tax declaration on its face. Confirm current per-page recording fees with the county recorder.

• Spousal Joinder and Homestead

  Missouri is not a community property state, but a conveyance by a married person without the spouse's joinder or written acknowledged assent can be attacked as in fraud of marital rights if that spouse survives (Section 474.150). For a homestead, both spouses must join or the conveyance is null and void (Section 513.475). Confirm marital status and how title is held before signing.

• General vs Special Warranty: Choosing the Instrument

  Choose the deed to match the protection intended. A Missouri grant, bargain and sell deed carries the Section 442.420 covenants, and because the encumbrance covenant reaches predecessors it gives general-warranty protection against all claims. A special or limited warranty deed restrains the covenant to claims arising through the grantor. A quitclaim gives no covenants. The reason for the transfer usually points to the right one.