Explanation of a Quit Claim in Kansas
Quit claim deeds are the same in Kansas as in other states. When selling a house or conveying property with a deed, the most common type is a warranty deed. Warranty deeds typically contain covenants guaranteeing certain things about the property being conveyed. Some guarantees in a warranty deed include: covenant of the right to convey, covenant against encumbrances and covenant of further assurances. Quit claim deeds include none of these covenants. In fact, quit claim deeds warrant nothing and only transfer whatever right or title the grantor has.
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Transfer Between Spouses
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As in other states, quit claim deeds are often used in Kansas to transfer property between spouses, particularly when property is transferred upon dissolution of marriage or divorce settlement. Quit claim deeds are also frequently used in divorce settlements where one spouse is surrendering ownership of her share of a marital residence or other jointly-owned property.
Transfer Between Business Partners and Family Members
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Quit claim deeds are often used in a business context within which two business partners own commercial property and one business partner is seeking to buy out the other's share. Using a quit claim deed in business is common, as it quickly and easily transfers ownership between partners. Quit claim deeds are also commonly used when a parent seeks to transfer ownership of real property to a child. In such a case, the parent is still only granting whatever right she has in the property and nothing more.
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Kansas Requirements
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According to Statute 58-2204 of the Kansas statutes on conveyances of personal and real property, a deed is presumed a quit claim when conveyance is made with such language as, "A.B. quitclaims to C.D. (here describe the premises), for the sum of (here insert the consideration)..." In addition to the aforementioned language, if the deed is signed by the grantor only, it will be deemed a quit claim deed, according to the Kansas statute.
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