All Kansas counties have their own quitclaim procedures, so call ahead to your county recorder's office or visit your county's website.
A quitclaim deed is a method of conveying a person's interest in a property to another person. Sometimes erroneously called "quick claim" deeds, quitclaim deeds are simple documents of conveyance in which the person conveying his interest is called the "grantor," and the person receiving the interest is the "grantee." Quitclaim deeds usually are used when conveying interest in a property among acquainted people, such as between divorcing spouses.
Kansas Quitclaim Deeds
Like most states, Kansas quitclaim deeds convey only the grantor's interest in a property to the grantee. Quitclaim deeds don't guarantee or warranty rights that other people may have in a piece of real estate. If there is a question in the grantee's mind about clear title to the property, she should not accept or sign a quitclaim deed. An exception might be that the grantee, for example a wife who's divorcing her husband, knows that her son is a third-party to the property and she simply doesn't care about that fact. She only wants her husband's interest in the property forfeited. That's a typical quitclaim scenario in Kansas or anywhere else. Kansas quitclaim deeds are simple forms, but most counties require you to use their specific forms.
Finding Forms
You usually can find quitclaim deed forms at the county clerk's office, the county recorder's office, the county courthouse, at most libraries or at local insurance, title or real estate offices. You also can find forms online, either for free at your county's website or for a fee through any number of document or legal websites. Kansas quitclaim forms are required to be on legal-size paper (8 1/2 x 14 inches).
Completing the Form
Familiarize yourself with your county's quitclaim deed form and requirements. Again, many counties provide instructions on their websites on complete a form, even if they don't provide downloadable forms. The Unified Government of Wyandotte County and Kansas City, Kansas, for example, has a detailed website pertaining to quitclaim deeds (see Resources). Generally, you need to describe the property; include the legal name of the property; include the physical street address and ID, plat or lot number; indicate the amount of payment; write the names of the two witnesses; sign the deed (grantor and grantee) and have the form signed by a notary public.
Recording the Deed
Again, each county in Kansas has its own idiosyncrasies for recording quitclaim deeds. Most counties have notaries available, so call ahead before paying to have your document notarized. Depending on the county in Kansas where the property is located, you may have to go to the county clerk's office, the register of deeds or the courthouse. All Kansas counties require that you complete a real estate sales validation questionnaire, either by the grantor, grantee or the agent, concerning the property transferred. Samples are available online (see Resources). Some counties, such as Marshall, will waive the questionnaire requirement if you meet certain conditions. Again, it's important to know the county's application and recording requirements, as well as fee amounts. Sedgwick County, for example, charges $8 for the first page of a deed, $4 for each additional page and $1 if staff can't read the printed or typed names.
Other Deeds
The only other types of deeds recognized in Kansas are grant deeds and warranty deeds. Grant deeds transfer ownership and imply certain promises, such as the title not already having been transferred to another person or having been encumbered. Warranty deeds transfer ownership, and explicitly guarantee the buyer that the transferor has good title to the property --- free of liens or other claims of ownership. This is the typical deed used in home sales. The seller actually guarantees compensation for any mistakes.
