Benton County Quitclaim Deed (Married Couple as Grantors) Form

A married couple signs this Mississippi quitclaim deed together: the form names both spouses as grantors, states the marriage on the face of the instrument, and carries a signature block and a notarial certificate for each of them. Built on Mississippi's without-warranty conveyance statutes, the deed moves every interest either spouse holds in the described property to the grantee or grantees through one recorded instrument, free of any title covenant.

A homestead answer written into the deed

Section 89-1-29 of the Mississippi Code provides that a conveyance of homestead property is not valid or binding unless the owner's spouse signs it whenever the owner is married and living with that spouse, and the Mississippi Supreme Court enforces the rule severely: a homestead conveyance missing the required spousal signature is void from the start, and later conduct does not revive it. This deed resolves that question structurally. Both spouses appear as grantors, both sign, and the operative section states that the joint execution supplies the Section 89-1-29 signature for any homestead interest in the property. A title examiner reading the record sees the statutory signature on the face of one instrument, whether the parcel was the couple's homestead, a rental house, or vacant land.

One instrument for whatever the couple holds

Mississippi gives married co-owners no automatic survivorship: under Section 89-1-7, a deed to two or more people, spouses included, produces a tenancy in common unless a joint tenancy or tenancy by the entirety with right of survivorship manifestly appears from the instrument, and title sometimes stands in one spouse's name alone. A quitclaim by both spouses reaches every one of those arrangements with the same words. Each grantor conveys all of that grantor's right, title, and interest, so undivided halves, a survivorship estate, and a lone record interest with a joining spouse all pass through the same operative sentence. The conveyance runs without warranty: under Section 89-1-37 it operates as a quitclaim and release, and under Section 89-1-39 it passes every estate and interest the grantors can lawfully convey while estopping them and their heirs from asserting a later-acquired title against it.

Two spouse-grantors, two certificates

The form recites exactly two grantors, married to each other. Each grantor entry collects the mailing address and telephone numbers Section 27-3-51 requires of every party to a recorded Mississippi deed, the signature section carries a block for each spouse with the printed name beneath the line, and a notarial acknowledgment certificate in the Section 89-3-7(2) statutory short form follows for each signer, so the spouses may acknowledge on different dates or in different counties or states. Married owners conveying the family house to an adult child, spouses deeding jointly held land to the trustee of their revocable living trust, and a couple releasing inherited acreage to the relative who farms it present the pattern this deed recites. The form is not set up as a conveyance by one spouse to the other, by a sole unmarried owner, by co-owners who are not married to each other, or by three or more grantors; each of those patterns calls for a different party and signature architecture. A search for a quit claim deed for a husband and wife, in the two-word spelling, reaches the same instrument prepared here.

Intake the chancery clerk can index

Mississippi deed intake asks for specific data, and with two grantors the form collects a double portion of it. Section 27-3-51 lets the clerk refuse a deed that omits any party's contact information, so the deed gathers it for both spouses and for each grantee on its face. The indexing instruction Section 89-5-33(3) requires stands distinctly set apart as a numbered section of the deed, stating the lot, block, and subdivision for platted land or the section, township, and range for acreage. The first page arranges the preparer block, return address, title, and party data below the three-inch recording reserve, per Section 89-5-24(2), and Section 25-7-9 sets the base recording charge at twenty-five dollars for five pages or fewer. No statewide transfer tax attaches to an ordinary Mississippi deed.

The package downloads with three pieces: the blank two-spouse quitclaim deed as a fillable PDF, a completed example that carries a DeSoto County transfer from the preparer block through both notarial certificates, and a plain-language guide covering every numbered section, the homestead rule, the signing formalities, and the recording steps. The materials describe Mississippi law in general terms and are not legal advice.