Benton County Quitclaim Deed (Married Grantor with Non-Owner Spouse Joinder) Form

Title stands in one spouse's name, and Mississippi still asks for two signatures on the deed. This fillable Mississippi quitclaim deed prepares that instrument: one married record owner conveys, without warranty, whatever interest the owner holds, and the owner's spouse signs a second block for the single purpose of answering Miss. Code Ann. Section 89-1-29. The spouse conveys nothing and warrants nothing, and the deed says so in its own operative language.

A second signature that conveys nothing

The joining spouse is not a grantor on this form. Section 2 identifies that person as the grantor's spouse and not a record owner, and Section 9 fixes the reach of the signature: the spouse signs solely to supply the spousal signature Section 89-1-29 calls for, conveys no separate ownership interest, joins in no covenant, and makes no warranty of title. A title examiner reading the record therefore sees both what the second signature answers and what it does not assert.

Why the statute asks for the signature

Mississippi conditions the validity of an incumbrance or conveyance of a homestead exempted from execution on the signature of the owner's spouse, where the owner is married and living with that spouse. Whether a parcel answers that description turns on facts outside the deed: Section 85-3-21 measures the homestead by land and buildings owned and occupied as a residence, capped at one hundred sixty acres and, once liens come off the value, at seventy-five thousand dollars. Guessing wrong is expensive, since the Mississippi Supreme Court treats a homestead conveyance made without the spouse's signature as void from the beginning. Section 9 removes the guess by reciting that the spouse signs whether or not the property is such a homestead.

What the quitclaim itself carries

The operative section remises, releases, and forever quitclaims the owner's right, title, and interest, with no warranty words. Section 89-1-37 gives language of that kind the character of a quitclaim and release, and Section 89-1-39 cuts off a later claim by the grantor or the grantor's heirs under an after-acquired title. Recorded deeds of trust, judgment liens, easements, and mineral reservations ride through untouched, and a capitalized line names the five covenants Section 89-1-33 packs into the word warrant and states that neither signer makes any of them.

One owner, one joining spouse, two certificates

The form recites exactly one grantor and exactly one joining spouse, with a signature block for each and a separate notarial certificate for each in the wording of the short forms at Section 89-3-7(2), so the two appearances may happen weeks apart or in different counties. The receiving side stays open: Section 3 takes one grantee or several, and the guide walks each ownership form the state recognizes for grantees, starting from the tenancy in common Section 89-1-7 supplies by default. Land deeded to one spouse before the marriage and now moving to a co-heir, a boundary strip released to a neighbor after a survey, and residence property in one name where an examiner has called for the spousal signature present the record this deed recites. The form is not set up for two people who both hold record title, for an unmarried sole owner, or for a spouse who does hold title and so conveys an interest of that spouse's own.

Details the chancery clerk looks for

Page one keeps its top three inches clear for the clerk and carries below that reserve everything Section 89-5-24(2) assigns to the first page: the return address, the preparer, the title, the name, mailing address, and telephone numbers of the owner, the joining spouse, and the grantee, and the indexing instruction, with the legal description following on page two under the statute's continuation sentence. Section 27-3-51 is what attaches the address and telephone data to a recorded deed, and Section 89-5-33(3) is why the indexing instruction has a numbered section of its own. Recording costs twenty-five dollars for five pages or fewer under Section 25-7-9, a dollar more where a county has adopted an archive fee; this deed prints in four pages. No statewide transfer tax or sales validation form travels with it.

Searches for a quit claim deed with spousal joinder, in the two-word spelling, land here. Three files download with it: the blank deed as a fillable PDF, a filled Lafayette County example running from page one through the second certificate, and a plain-language guide to the numbered sections, the homestead signature, and recording. These materials describe Mississippi law generally and are not legal advice.