When quitclaim deeds are used
- Adding or removing a spouse after marriage or divorce
- Moving property into a trust or LLC
- Transferring between family members
- Clearing up a possible claim, such as a former owner's leftover interest
Why a quitclaim is risky for a buyer
There's no warranty. If the signer didn't actually own the property, or there's a lien, the person receiving the deed has no claim against the signer. That's why buyers in a sale receive a warranty deed and title insurance instead.
Signing and recording in Kansas
The deed must be signed by the grantor, notarized, and recorded with the Register of Deeds in the county where the property sits. Most Kansas deeds must be accompanied by a Real Estate Sales Validation Questionnaire unless an exemption applies.
A Kansas attorney can prepare the deed and advise on tax and mortgage consequences. A quitclaim doesn't remove anyone from a mortgage: only the lender can do that.
Common questions
Why is a quitclaim deed risky?
The person receiving it gets no guarantee the signer owned anything, and no recourse if they didn't.
How long does a quitclaim deed give you ownership?
Ownership transfers when the signed deed is delivered and accepted. Recording makes it a matter of public record and protects against later claims.
Can a quitclaim deed remove a cloud on title?
Yes, a quitclaim from someone with a possible claim is a common way to clear one.