Missouri Quitclaim Deed: Requirements, Recording and Fees

A Missouri quitclaim deed is an ordinary deed under RSMo 442.020, which lets any person with authority convey land "or any estate or interest therein" by a deed that is acknowledged and recorded, and a quitclaim passes whatever interest the grantor holds without the implied covenants Missouri attaches to the words "grant, bargain and sell." The grantor signs it, states whether he or she is married, and acknowledges it before a notary (RSMo 442.130), and it is recorded with the recorder of deeds of the county where the land lies (RSMo 442.380). For other states, see our guide to quitclaim deed rules by state.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Missouri statutes on deeds and their recording (RSMo 442.020, 442.130, 442.210, 442.380, 442.390, 442.400 and 442.420), the recorder's content, format and fee rules in RSMo 59.310, 59.319 and 59.330, the homestead joinder rule in RSMo 513.475, the beneficiary deed in RSMo 461.025, the senior homestead property tax credit eligibility rule in RSMo 137.1050, the deed-fraud crime in RSMo 570.095, Article X, Section 25 of the Missouri Constitution, and federal mortgage and gift-tax points. It does not cover title insurance, lender or loan-program rules beyond the federal regulations cited, county fees, forms and practices beyond those named, property tax reassessment, federal income tax, or the law of other states.

What a quitclaim deed does in Missouri

Missouri's conveyance statute is general. RSMo 442.020 says:

"Conveyances of lands, or of any estate or interest therein, may be made by deed executed by any person having authority to convey the same, or by his agent or attorney, and acknowledged and recorded as herein directed, without any other act or ceremony whatever." (RSMo 442.020)

Chapter 442 contains no statutory short form for a quitclaim deed. A quitclaim is simply a deed that passes whatever interest the grantor holds, with no warranty that the grantor owns anything. This page does not provide deed language to fill in; the county recorder can tell you what the office accepts, and a lawyer can prepare the deed. Recorders cannot give legal advice.

The contrast with a warranty-style deed comes from RSMo 442.420. In a fee simple conveyance, the words "grant, bargain and sell" are, "unless restrained by expressed terms contained in such conveyances," construed as express covenants about the title. A quitclaim does not use those words, so it does not carry those covenants. For a side-by-side comparison, see our explainer on quitclaim vs. warranty deeds.

Missouri quitclaim deed requirements

RSMo 442.130.1 sets the core rule:

"All deeds or other conveyances of lands, or of any estate or interest therein, shall be subscribed by the party granting the same, or by his lawful agent, and shall be acknowledged or proved and certified in the manner herein prescribed." (RSMo 442.130.1)

The recording chapter then adds content and format rules. Several are rules the recorder enforces at the counter rather than rules about whether the deed is valid.

The recorder may refuse a document that does not meet the format standards, or record it for an additional $25 fee (RSMo 59.310.3). The City of St. Louis has a parallel section, RSMo 59.313.

RSMo 442.130, 59.310 and 59.330 do not require a preparer statement, but other recording rules may, so ask the recorder whether the office expects one.

Does a spouse have to sign a Missouri quitclaim deed?

Missouri abolished dower and curtesy (RSMo 474.110, effective 1955), but a spouse still matters in two ways. First, the deed must state whether each grantor is married or unmarried (RSMo 442.130.2). Second, the homestead statute bars one spouse from conveying the homestead alone:

"2. Either spouse separately shall be debarred from and incapable of selling, mortgaging or alienating the homestead in any manner whatever, and every such sale, mortgage or alienation is hereby declared null and void; provided, however, that nothing herein contained shall be so construed as to prevent the husband and wife from jointly conveying" (RSMo 513.475.2)

RSMo 513.475 is the homestead exemption statute, and how far subsection 2 reaches when the home is titled in only one spouse's name is a question of case law. The 2026 amendment to RSMo 513.475 (House Bill 1870, merged with Senate Bills 835 and 1111), effective January 1, 2027, raises the homestead exemption in subsection 1 from $15,000 to an aggregate $40,000 but leaves the subsection 2 text quoted above unchanged, so that rule applies now and after the amendment. When the home is the family homestead, having both spouses sign avoids the question; ask a lawyer licensed in Missouri for your situation.

Two more rules cover deeds between spouses. Husband and wife may convey the real estate of either spouse by their joint deed, and when they convey entireties property both are bound by the deed's covenants (RSMo 442.030); and an owner's conveyance of property to himself or herself and another, such as when adding a spouse to title, is effective to create a joint tenancy or a tenancy by the entirety (RSMo 442.025). If the deed is part of a divorce, see our guide to Missouri divorce laws.

Recording a quitclaim deed with the recorder of deeds

Every instrument conveying real estate "shall be recorded in the office of the recorder of the county in which such real estate is situated" (RSMo 442.380). The City of St. Louis has its own recorder of deeds. To look up what is already on record for a parcel, see our guide to Missouri property records.

What recording does

Missouri's recording act is worded unusually. RSMo 442.400 says:

"No such instrument in writing shall be valid, except between the parties thereto, and such as have actual notice thereof, until the same shall be deposited with the recorder for record." (RSMo 442.400)

So an unrecorded quitclaim is valid between the grantor and the grantee and against anyone with actual notice of it. Against a later buyer or lender without notice, it gives no protection until it is deposited for record. Once it is filed for record, RSMo 442.390 treats the deed as notice to everyone, and later purchasers and mortgagees are deemed to take with notice of it.

Recording fees

Missouri's statutory fees are set in two sections, and a county may charge more:

• RSMo 59.310.6: "five dollars for the first page and three dollars for each page thereafter" for recording every deed or instrument;
• RSMo 59.319: a user fee of $6 on every instrument recorded (raised from $4 by 2026's Senate Bill 938, effective August 28, 2026), plus an additional $3 for the Missouri housing trust fund on deeds and the other instruments listed in RSMo 59.330.1(1) and (2), a fee that predates the 2026 amendment;
• RSMo 59.310.3: an additional $25 to record a document that does not meet the format standards.

The total for a given deed depends on its length and on the county's own charges, so ask the county recorder of deeds for the current fee before you file.

Whether a Missouri county accepts electronic recording is a question for the county recorder.

Transfer tax and the certificate of value

Missouri's Constitution bars new taxes on real estate transfers. Article X, Section 25, adopted November 2, 2010 and effective December 2, 2010, provides:

"After the effective date of this section, the state, counties, and other political subdivisions are hereby prevented from imposing any new tax, including a sales tax, on the sale or transfer of homes or any other real estate." (Mo. Const. art. X, sec. 25)

That provision bars any new transfer tax after 2010. The recording sections cited here impose no state transfer or documentary tax, and this page does not cover other statutes or local codes, so ask the county recorder whether anything beyond recording fees applies. The recording fees above are fees, not a tax on the property's value.

City of St. Louis certificate of value

In the City of St. Louis, the assessor's Certificate of Value form for the sale or transfer of real estate "is to be filed with the deed at the time of recording," and it "must be prepared by the buyer or his/her representative." That is a city requirement, not a statewide one. Whether a statewide certificate-of-value statute exists, and which other counties use a similar form, is a question for the county recorder or assessor.

Property tax after a quitclaim

Beyond the senior credit described below, this page does not cover how a quitclaim affects Missouri property tax assessments or other property tax credits. Ask the county assessor before the deed is recorded if a tax benefit is tied to who owns the home.

One example: in counties that have adopted it, the senior homestead property tax credit under RSMo 137.1050 is limited to a Missouri resident 62 or older who is an owner of record of the home, or has a legal or equitable interest shown by a written instrument, and is liable for its property taxes, so a senior who deeds the home away may lose that credit.

Mortgages and quitclaim deeds

Missouri's deed statutes say nothing about the loan, so this section rests on federal regulations. A deed does not remove anyone from a mortgage; only the lender can release a borrower. Under 12 CFR 191.5(b)(4), if the lender and the new owner agree in writing, before the transfer, that the new owner will be obligated on the loan, then on that agreement "a lender shall release the existing borrower from all obligations under the loan instruments."

Federal law limits when a lender can call a home loan due because of a transfer. Under 12 U.S.C. 1701j-3(d), for a loan on residential property with fewer than five dwelling units, a lender may not use a due-on-sale clause for certain transfers, including a transfer where the borrower's spouse or children become an owner, and a transfer on the death of a joint tenant or tenant by the entirety. The federal regulation, 12 CFR 191.5(b), applies these limits to a loan on a home occupied or to be occupied by the borrower, and covers:

• a transfer where the spouse or children become an owner, or a transfer from a divorce decree, legal separation agreement or property settlement by which the spouse becomes an owner, where the person taking title occupies or will occupy the property (12 CFR 191.5(b)(1)(v));
• a transfer into a living (inter vivos) trust in which the borrower is and remains the beneficiary and occupant, unless the borrower refuses to give the lender reasonable means of notice of later transfers (12 CFR 191.5(b)(1)(vi)).

These limits are conditional, and a lender keeps the right to enforce the clause if a later event disqualifies the transfer (12 CFR 191.5(b)(5)). Transfers outside the listed categories, such as to a sibling or friend, are not covered. Talk to the lender before signing. Federal servicing rules also recognize a "successor in interest," such as a spouse or child who receives an ownership interest from a borrower (12 CFR 1024.31).

Federal gift tax on a quitclaim to a family member

Giving property away by quitclaim can be a gift for federal tax purposes. The IRS says the gift tax applies to a gift of any type of property, and that a gift happens when you give property without expecting to receive something of at least equal value in return. For 2026, "the annual exclusion for gifts remains at $19,000" per recipient. The IRS lists gifts to your spouse among gifts that are not taxable, says the donor is generally responsible for any gift tax, and says the recipient's basis in gifted property is generally the same as the donor's. If your spouse is not a U.S. citizen, the IRS limits tax-free gifts to that spouse to an annual exclusion of $194,000 for 2026. Ask a tax professional how these rules apply to your transfer.

Deed fraud protections in Missouri

Missouri makes a fraudulent quitclaim a crime. RSMo 570.095, effective August 28, 2018, makes it a class D felony (a class C felony in the circumstances the section lists) to file, record, transfer or present, with intent to defraud, a real property recording or a "warranty, special, or quitclaim deed" that contains materially false information, is a forgery, lacks the consent of all parties, or is invalid under Missouri law. The court must order restitution.

The recorder's review is limited. Greene County's Recorder of Deeds, for example, checks notarization and formatting but does not review documents for legal enforceability. Greene County also offers a free Property Fraud Notification service that emails subscribers when a new document is recorded under a monitored name; it covers only documents filed after the subscriber signs up, allows up to five names per email address, and applies only to that county. Ask your own county recorder whether it offers a similar service. The FBI's Internet Crime Complaint Center advises owners to "Check if your County Recorder, Register of Deeds, County Appraisal District, or County Clerk's Office offer notification services and send an automated email or text when a legal document is recorded using your name."

Beneficiary deeds and other alternatives

An owner who wants a home to pass at death without giving it away now can use a beneficiary deed under RSMo 461.025. The statute describes a deed that "expressly states that the deed is not to take effect until the death of the owner," and it transfers the interest to the named beneficiary at the owner's death "if the deed is executed and filed of record with the recorder of deeds" before the owner dies. It needs no consideration or delivery, and it may name a trust. For how a home passes when no such deed is recorded, see our guide to Missouri probate.

Common myths about Missouri quitclaim deeds

"A quitclaim is not valid until it is recorded." Not quite. RSMo 442.400 makes an unrecorded deed valid between the parties and against anyone with actual notice; recording is what protects the grantee against a later buyer or lender without notice.

"Anyone can quitclaim someone else's house." A quitclaim conveys only what the grantor holds, and filing a forged or false quitclaim with intent to defraud is a felony under RSMo 570.095.

"Signing a quitclaim takes me off the mortgage." It does not. Only the lender can release a borrower (12 CFR 191.5(b)(4)).

Related

• Quitclaim deed rules by state
• Missouri property records
• Quitclaim vs. warranty deeds
• Missouri divorce laws
• Missouri probate

This article provides general legal information about Missouri law on quitclaim deeds, verified on 2026-10-08. It is not legal or tax advice. For your situation, contact your county recorder of deeds (who cannot give legal advice), a legal aid office, or a lawyer licensed in Missouri.

Last updated: 2026-10-08.

Frequently Asked Questions

How do I file a quitclaim deed in Missouri?

The grantor signs the deed, states his or her marital status, and acknowledges it before a notary (RSMo 442.130). The deed needs a legal description and a grantee's mailing address (RSMo 59.330.2) and must meet the format rules of RSMo 59.310; then it is recorded with the recorder of deeds of the county where the land lies (RSMo 442.380).

Does a quitclaim deed need to be notarized in Missouri?

RSMo 442.130.1 requires deeds to be acknowledged or proved and certified, and RSMo 442.210 sets the contents of the certificate of acknowledgment. In practice that means acknowledging the signature before a notary or other officer, unless the deed is proved instead.

Does a Missouri quitclaim deed need witnesses?

RSMo 442.130 and 442.210 do not require subscribing witnesses. Witnesses come into play only when a deed is proved instead of acknowledged.

How much does it cost to record a quitclaim deed in Missouri?

RSMo 59.310.6 sets $5 for the first page and $3 for each page after, and RSMo 59.319 adds a $6 user fee (raised from $4 on August 28, 2026) and a $3 housing trust fund fee on deeds. A nonconforming document costs an extra $25 (RSMo 59.310.3), and counties may charge more, so ask the county recorder of deeds for the current total.

Do you pay transfer tax on a quitclaim deed in Missouri?

Article X, Section 25 of the Missouri Constitution bars the state, counties and other political subdivisions from imposing any new tax on the sale or transfer of real estate after 2010. The recording sections cited here impose no state transfer tax, and this page does not cover local codes, so ask the county recorder whether anything beyond recording fees applies.

Does my spouse have to sign a quitclaim deed in Missouri?

The deed must state whether each grantor is married (RSMo 442.130.2), and RSMo 513.475.2 bars either spouse alone from selling or mortgaging the homestead while allowing spouses to convey it jointly. How that applies to a home titled in one spouse's name is a case-law question, so ask a lawyer licensed in Missouri.

Is a quitclaim deed valid in Missouri if it is not recorded?

Under RSMo 442.400 an unrecorded deed is valid between the parties and against anyone with actual notice, but not against others until it is deposited with the recorder for record.

Does Missouri have a transfer-on-death deed?

Missouri uses a beneficiary deed under RSMo 461.025: a deed that expressly states it does not take effect until the owner's death, executed and filed of record with the recorder of deeds before the owner dies.

Does a quitclaim deed remove me from the mortgage?

No. A deed changes ownership, not the loan; only the lender can release a borrower, for example when the lender and the new owner agree in writing, before the transfer, that the new owner will be obligated on the loan (12 CFR 191.5(b)(4)).