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

The second signature on this Missouri quitclaim deed conveys nothing. It belongs to the Grantor's spouse, a person who holds no record title and receives no interest under the instrument, and its entire work is to let go of the homestead and marital rights Missouri law attaches to the land of a married person. Everything above that signature is a single owner conveyance: one married record owner quitclaims whatever right, title, and interest that owner holds in the described Missouri real property, without covenant or warranty of title.

Why a spouse who owns nothing signs anyway

Two statutes put the joining signature on the page. Section 513.475 of the Revised Statutes of Missouri declares that either spouse separately is debarred from and incapable of selling, mortgaging, or alienating the homestead in any manner whatever, and that any such separate act is null and void, while a joint disposition by husband and wife stands. Section 474.150.2 reaches past the homestead: a conveyance of real estate made without the joinder or other duly acknowledged written express assent of the owner's spouse is deemed to be in fraud of that spouse's marital rights, if the spouse becomes a surviving spouse, unless the contrary is shown. A deed executed by the owner alone can be void as to a homestead, and open to attack years later as to other property.

What the joinder section carries

Section 10 of this form is drafted for the spouse rather than the owner. It states that the person named in the spouse section is the Grantor's spouse and not a record owner, that this person releases and quitclaims to the Grantee all homestead rights, marital rights, and other rights and claims in the property, naming Section 513.475 and Section 474.150, and that signing and acknowledging the deed gives the joinder and duly acknowledged written express assent Section 474.150.2 describes. A closing sentence marks the boundary: the joining spouse conveys no ownership interest, takes nothing under the deed, and makes no covenant or warranty of title. Separately titled real estate is where the configuration turns up in the land records: land held before the wedding, a house inherited from a parent, a rental parcel carried in one name. The form is not arranged for two record owners, married to each other or not, nor for a trustee or company officer.

A release of interest, never a promise about title

Missouri publishes no official quitclaim form, so a quit claim deed here takes its character from its operative words rather than its caption. This deed remises, releases, and forever quitclaims the interest held at delivery, stays clear of the granting words Section 442.420 turns into implied statutory covenants of title, and adds an express statement that no covenant arises from any word or phrase in it. Later acquired title stays with the Grantor. Page one carries the married status statement Section 442.130 draws from a natural person executing a conveyance, the grantee mailing address Section 59.330.2 sends the recorder looking for, and a printed reference locating the legal description in Section 5, the route the format statute allows when first page space runs short.

Two signers, two certificates, one recording

The owner and the joining spouse each sign above a printed name line and each take an acknowledgment certificate of their own, so the two acknowledgments may be made on different days or before different notarial officers. Missouri does not compel that split; the short form in Section 442.210.1(1) is written for one person or for several appearing together. Each certificate carries the statutory substance, that the signer is known to the officer or identified by two credible witnesses under Section 442.200 and acknowledged the deed as a free act and deed, with a line for the officer's designation of physical or remote appearance under Section 442.145. Recording follows where the land lies, and until the deed reaches the recorder it binds only the parties and those with actual notice. No Missouri transfer tax applies, though a St. Charles County transfer like the example's also carries a county certificate of value, filed apart from the deed.

The package holds three items: this spousal joinder quitclaim form as a fillable PDF, a completed example working a St. Charles County transfer from the date line to the return address, and a guide covering every blank, the statutes behind the second signature, and recording. The materials describe Missouri law in general terms and are informational, not legal advice.