A Mississippi quitclaim deed is a legal document used to transfer the current owner’s (or grantor’s) interest in a property to a second party (the grantee) without providing any warranty or promises of a clear title.
Because of that lack of a warranty, quitclaim deed transfers are typically used for real estate transactions between known parties, including family members. They can also be used to correct any issues with the property’s title, such as misspellings.
Miss. Code Ann. § 89 lays out Mississippi quitclaim deed requirements as well as other real estate transfers within the state.
According to Miss. Code Ann. § 89.3.1, quitclaim deeds need to be signed before a notary and acknowledged by the notary’s seal.
Miss. Code Ann. § 89.5.1 notes that quitclaim deeds and other legal instruments will not be recognized unless they are filed with the clerk of the chancery court in the county where the property is located. That may be different from the county where either the grantor or grantee lives. Miss. Code Ann. § 25.7.9 lays out several fees that you may be charged when filing the document, including:
According to Miss. Code Ann. § 89.1.503 , sellers must provide the new owner of the property with a property disclosure statement that lays out any known issues with the property. It shares all relevant information about the condition of the property as far as it is known to the seller at the time of transfer.
Miss. Code Ann. § 89.5.8 also notes that an affidavit that lays out marital status, heirship, and identification of a party to an instrument impacting real estate titles may be required.
Mississippi does not have a state transfer tax on real estate transactions.
Miss. Code Ann. § 89.5.24 lays out the form documents should take to be considered valid. This includes:
A quitclaim deed that does not meet these basic requirements may not be legible, particularly when it is time to copy the document.
A quitclaim deed should clearly lay out that it transfers the property without warranty of title and should not contain any promises that the title is clear or free of liens or encumbrances.
While Mississippi does not require specific language for its quitclaim deeds, the use of the term “quitclaims” serves as a notice that warranty of title is not conveyed through that document. In addition, a quitclaim deed form must contain:
A quitclaim deed should also contain information that makes it easier to identify the parties involved in the transaction and the type of transaction, including the name and address of both grantor and grantee, and the consideration, including money or other property, exchanged for the piece of real estate.
A quitclaim deed’s defining feature is its lack of warranty. A title warranty offers a binding promise that there are no issues with the title, both during the period when the grantor owned the property and the period before.
Without that guarantee, any liens, encumbrances, or other issues discovered relating to the title become the responsibility of the grantee.
Before entering into a real estate transaction, both the grantor and grantee should carefully consider the advantages offered by a warranty and whether they want to proceed with a quitclaim deed or choose another type of property transfer.
| Type of Deed | Description | Uses | Advantages | Disadvantages |
|---|---|---|---|---|
| Quitclaim Deed | Transfers the grantor's interest in the property without any guarantee of title. | Property transfers between family members. |
Adding a spouse to a title.
Dividing property following divorce.
Transferring property between entities under the same corporate umbrella.
Transferring property into or out of a trust.
