Kansas Quitclaim Deed
One of the possible documents for transferring real estate in Kansas could be the Quitclaim Deed. Below we will tell you in more detail what kind of document it is and in what cases it is advisable to use it.
What Is a Quitclaim Deed
This is a type of legal contract that can be used to transfer real estate. The form conveys all the property rights that the seller (the grantor) had. The main feature of the document is that the form does not guarantee these rights. Therefore, the buyer will not be able to file a claim with the seller if other claims against the property become clear.
When to Use This Kind of Deed
Since the document does not guarantee the rights that the seller transfers, it is best to use this type of form to transfer property within the family or people who have high trust in each other.
Also, you can always (and highly recommended) do a title search. This will show you if there are any additional interests in the property.
Legal Requirement to Create the Form in Kansas
If you decide to draw up such a document in Kansas, you need to adhere to the legal formalities for the document to be recognized as legal:
- § 58-2204 of State Law contains the language to use in this paper
- According to § 58-2205, -2209, -2211 of State Law, the deed must be signed by both parties to the transaction. In addition, the form must be notarized
- Once drafted and certified, the document must be recorded as soon as possible. This is to protect both parties and to ensure that the state is aware of property rights
- There is no transfer tax in Kansas
Recording the Form in Cheyenne County
To register your quitclaim deed in Cheyenne County, you need to contact the Register of Deeds, located at 212 E Washington Street, St. Francis, KS 67756. The office is open Monday through Friday from 8:00 a.m. to Noon and 1:00 p.m. to 5:00 p.m. (excluding public holidays). Unfortunately, online registration of the document is not available, and you will need a personal visit to the Office.
Be prepared to pay a fee for registering a deed:
- $ 21 for the first page
- $ 17 for the second page and each additional one
Document Formatting Requirements
There are also some formatting requirements applicable in Cheyenne County:
- On the first page, you need to indicate the name and address of the originator of the document.
- If you insert graphs or tables into a document, do not forget to label and mark them.
- The notary certifying the document must use a seal or stamp and must indicate the state, county, signature, seal, expiration date, and the names of those who appeared before the notary.
- The grantor’s name must be typed or printed and situated beneath their signature.
- The grantee's last known mailing address must be included in the document so that the Register of Deeds can make changes to the address records for tax returns and more.
- Be sure to indicate the marital status of the grantor(s)
- You should use paper measuring 8.5 x 11 inches or 8.5 x 14 inches. Also, please use size 12 font and black ink
- Provide only original or certified copies by another recording copies. Don't submit photocopies as they are not accepted
- Leave a blank space on the first page specifically so that the Register of Deeds employee can enter registration information. Normally, a 3-inch margin at the top of the page is sufficient
- Do not forget to include the title of the document, and it should be located immediately below the top margin of the first page
Main Parts of the Document
Usually, a form is 3—5 pages long and contains the following elements:
- Space for County Recorder’s Office mark
- Details of the form’s author
- Documents date
- Grantor's name and marital status
- Grantee's name and marital status
- Transaction amount
- Property location and legal description
- Release of dower (If a spouse is not a Grantor)
- Notary acknowledgment
To Sum Up
We recommend using quality services to create this document or contacting professionals. Although the form is not very complex, it is possible to make mistakes in some concepts, which will have a detrimental effect on the use of the document for its purposes.
Once again, it is essential to use this kind of deed only between people who have mutual trust, or one should carefully check for the existence of other interests in property.