Missouri Quitclaim Deed Form

What is a Missouri Quitclaim Deed Form?

A Missouri quitclaim deed form transfers Missouri real estate from the current owner (the grantor) to the new owner (the grantee) with no warranty of title. The grantee acquires whatever interest the grantor had in the property “as is.”¹ If it turns out that there is a problem with the property’s title—or even if the grantor did not actually own the property—the grantee has no recourse against the grantor.

An essential characteristic of a Missouri quitclaim deed is the absence of any warranty of title.² A transferor who signs a quitclaim deed does not guarantee a valid, clear title. The transferor simply gives to the new owner whatever rights or interest in the property that the transferor has (if any). The transferor makes no representations about whether he or she does or does not own the property.³

Other Names for a Missouri Quitclaim Deed Form

A Missouri quitclaim deed is often written as quit claim deed (with a space). These two terms are interchangeable and both can be correct. It is a common mistake to refer to a quitclaim deed as a quick claim deed, but that is always incorrect. There is no such thing as a quick claim deed.

Other states use synonyms for quitclaim deeds that are not common in Missouri. Alternate names used in other states include:

• Release deed;
• Deed without warranty (or deed without covenant);
• No-warranty deed (or non-warranty deed); and
• Gift deed.

How do Missouri Quitclaim Deed Forms Relate to Other Forms of Deeds?

A Missouri quitclaim deed transfers property with no warranty of title. Due to the lack of warranty, the transferor is not legally responsible for any problems with the property’s title. Title problems could potentially include outstanding liens, mortgages, assessments, boundary disputes, or chain-of-title uncertainty caused by errors in earlier deeds. A new owner who receives property by quitclaim deed assumes the risk of any such title issues.

Missouri recognizes two other types of deeds that transfer real estate with a warranty of title—keeping some or all of the title-related risk with the transferor.

• Missouri warranty deed form. A Missouri warranty deed form provides a complete warranty of title that covers the property’s entire ownership history—including the period before the current owner acquired the property.⁴ The current owner who signs the warranty deed guarantees a good, clear title and agrees to be legally responsible for all title issues not expressly excluded by the deed itself. A warranty deed provides the most protection to the new owner.
• Missouri special warranty deed form. A Missouri special warranty deed form provides a limited warranty of title that covers title issues that arose while the current owner owned the property.⁵ The current owner guarantees that he or she has neither done nor allowed anything to impair the property’s title. The new owner assumes the risk of title issues that may have arisen before the current owner took title.

Title Insurance and Missouri Quitclaim Deeds

A new owner who takes title to real estate through a quitclaim deed assumes all risk of problems with the property’s title. If a problem emerges, the owner may incur significant costs to clear the title, or the owner may lose the property altogether.

The owner can purchase a title insurance policy to shift the risk of title issues to an insurance company.⁶ A title insurance policy is an insurance company’s contractual agreement to compensate the insured person—typically the property owner or a mortgage lender—for any financial loss caused by a problem with the property’s title. Title insurance policies also cover legal costs associated with protecting or clearing the title.

Quitclaim Deeds and Other Missouri Deeds Used in Estate Planning

Missouri law also recognizes certain types of deeds that are designed for use in estate planning. Where quitclaim, warranty, and special warranty deeds are named for the warranty of title the provide (or omit), estate-planning deeds have names based on how they transfer property outside probate.

Missouri Life Estate Deed

A Missouri life estate deed form works by dividing property ownership into two different interests. The first owner (the life tenant) holds a lifetime ownership interest (the life estate) that entitles the life tenant to own the property until his or her death. The other owner (the remainder beneficiary or remainderman) has a future interest (the remainder) that allows the remainder beneficiary to take title when the life tenant dies.

The remainder interest does not give the remainder beneficiary the right to possess the property until the life tenant’s death, but it is still considered a vested interest. Because the remainder beneficiary has a vested right, the life tenant cannot sell, mortgage, or otherwise deal with the property without the consent and signature of the remainder beneficiaries.

Quitclaim deeds and life estate deeds are named for features that are not mutually exclusive. A life estate deed can be drafted to include or exclude a warranty of title, so a life estate deed may also be a quitclaim deed, special warranty deed, or warranty deed.

Missouri Beneficiary Deed

A Missouri beneficiary deed form is the equivalent of what many states call a transfer-on-death deed or TOD deed. Beneficiary deeds are a relatively new form of deed that—like a life estate deed—avoids probate at the owner’s death.⁷ Unlike a life estate deed, the owner retains complete control over the property during his or her life.⁸ The owner can sell or mortgage the property, or even change or revoke the beneficiary designation, without the consent or involvement of the beneficiaries.⁹

Common Uses of Missouri Quitclaim Deed Forms

Quitclaim deeds allocate all title-related risk to the new owner. If the new owner is paying for the property, he or she usually wants a deed form that provides at least some guarantee of a good title. For this reason, quitclaim deeds are rarely used in sale transactions between unrelated parties. Instead, they are most often used where there is an existing relationship between the parties or when the deed will not change the actual control of the real estate.

Common uses for quitclaim deeds include:

• A gift of property to a loved one for no consideration;
• A deed that adds a spouse or family member to the property’s title as a co-owner with the original owner;
• Transfers between former spouses in a divorce;
• A deed that places a property’s title in a living trust to avoid probate; and
• A transfer to an LLC or other business entity owned by the property owner.

How to Create a Missouri Quitclaim Deed

A Missouri quitclaim deed form must be carefully drafted to include the right vesting language and to exclude any warranty of title. Missouri does not have model statutory language for quitclaim deeds. Most Missouri quitclaim deeds state that the current owner “remises, releases, and quitclaims” the property to the new owner. A quitclaim deed should avoid the words grant, bargain, and sell, as those words result in implied covenants of title under Missouri law.¹⁰

There is no need for a Missouri quitclaim deed to expressly disclaim a warranty of title. However, including an express disclaimer helps to avoid any doubt as to whether the deed includes a warranty.

A Missouri quitclaim deed must also meet the deed requirements that apply to all Missouri deeds. Necessary elements include correct formatting, a valid legal description, and the transferor’s notarized signature.¹¹ The deed should also identify the co-ownership form the new owners will use if the deed transfers the property to more than one new owner.

It is important to use a quitclaim deed that is designed for use in Missouri. A deed created for another state may be invalid or unrecordable in Missouri. A flawed deed can also result in unintended consequences that cause future title problems.

1. Thompson v. Chase Manhattan Mortg. Corp., 90 S.W.3d 194 (Mo. Ct. App. 2002).
2. R & R Land Dev., L.L.C. v. Am. Freightways, Inc., 389 S.W.3d 234 (Mo. Ct. App. 2013).
3. Webster Oil Co., Inc. v. McLean Hotels, Inc., 878 S.W.2d 892 (Mo. Ct. App. 1994).
4. A. C. Drinkwater v. Ellot H. Raffety, 495 S.W.2d 450, 455 (Mo. Ct. App. 1973).
5. Mo. Rev. Stat. § 442.420.
6. See Missouri Title Insurance Act, Mo. Rev. Stat. §§ 381.011, et. seq.
7. Mo. Rev. Stat. § 461.001.
8. Mo. Rev. Stat. § 461.031(1).
9. Mo. Rev. Stat. § 461.033(1).
10. Mo. Rev. Stat. § 442.420.
11. See Boatmen’s Nat. Bank v. Dandy, 804 S.W.2d 783 (Mo. Ct. App. 1990).