If you are adding a spouse to title, removing a former spouse, giving property to a family member, moving real estate into a trust, handling an inheritance, or clearing up a small title question, a Kansas quitclaim deed may be exactly what you need.
Filling out the deed is usually the easy part. What trips people up is the legal description, notarizing it correctly, whether your spouse needs to sign, and a state form that many people don't expect to need.
The good news is Kansas is one of the more affordable states for this kind of transfer: there's no transfer tax at all, and most family gifts are exempt from the extra paperwork too. The part that surprises people is the homestead rule for spouses.
Good News About Kansas Transfers:
Kansas doesn't charge a state or county real estate transfer tax, so recording a quitclaim deed only involves the standard recording fee.
Many deeds do need a Sales Validation Questionnaire filed with the Register of Deeds, but gifts, trust transfers, and divorce-related transfers are commonly exempt. We cover this in detail on our Kansas Sales Validation Questionnaire page.
Homestead Property Needs Both Spouses' Consent:
The Kansas Constitution requires both spouses to consent to a transfer of homestead property, even if only one spouse's name is on the title. Skipping this isn't just a formality — a deed missing that consent doesn't properly transfer the homestead.
It's worth getting a non-owner spouse's signature on non-homestead property too. Kansas law gives a surviving spouse a claim to real estate that was transferred during the marriage without their consent, which can create problems years later if it's overlooked now.
What You Need Before Filling Out the Deed
Gather these things before you start:
- Your current deed or a copy of the county property record
- The grantor's full legal name and marital status
- The grantee's full legal name and mailing address
- The complete legal description of the property
- The Kansas county where the property is located
- The name and address of whoever prepared the deed
- Your spouse's signature, if the property is your homestead
- A Sales Validation Questionnaire, or the correct exemption noted on the deed
- Recording fees
How to Fill Out a Kansas Quitclaim Deed
Step 1: Find the Right County
Kansas has 105 counties, each with its own Register of Deeds. Record your deed in the county where the property is located, not where you live.
Step 2: Add the Preparer Information
Write down the name and address of whoever prepared the deed, and leave a blank space on the first page for the Register of Deeds to stamp recording information.
Step 3: Fill In the Grantor's Information
The grantor is the person giving up their ownership interest. Use their full legal name, and include their marital status, which Kansas expects to see on the deed.
Step 4: Fill In the Grantee's Information
The grantee is the person receiving the property. Include their full legal name and mailing address, which the Register of Deeds uses to update tax records.
Step 5: Add the Legal Description
Copy the complete legal description from the current deed or official county property records. A street address alone isn't enough. If more than one person will own the property, state clearly whether they'll hold title as joint tenants with survivorship or as tenants in common, since Kansas doesn't presume survivorship on its own.
Step 6: Check Whether Your Spouse Needs to Sign
If the property is your homestead, your spouse must consent to the transfer too. Even for other property, having a non-owner spouse sign helps protect against a future claim to a share of the property.
Step 7: Sign and Notarize the Deed
The grantor signs the deed in front of a notary public , who completes a full acknowledgment, including the date the deed was signed and the notary's own commission expiration date. An incomplete or expired notary certificate is a common reason a Kansas deed gets rejected.
Kansas allows Remote Online Notarization (RON) , so a video call can sometimes take the place of an in-person visit.
Check with your county Register of Deeds first to make sure they'll accept a remotely notarized deed. More on our Remote Online Notarization by State page.
Step 8: Handle the Sales Validation Questionnaire
If your transfer isn't exempt, complete the Sales Validation Questionnaire and submit it immediately after the deed, in the same order, since Kansas counties process them together. If your transfer is exempt, such as a gift or a trust transfer, state the specific exemption clearly on the deed instead.
Step 9: Record the Deed
Submit the original signed and notarized deed, along with the Sales Validation Questionnaire (or exemption statement) and the recording fee, to the Register of Deeds in the county where the property is located. Photocopies aren't accepted — bring the original or a certified copy.
Recording fees are generally $21 for the first page plus $2 per page for the technology fund, though this can vary somewhat by county.
Kansas Signing and Recording Notes
- Kansas deeds are recorded with the Register of Deeds in the county where the property is located.
- The grantor's signature must be notarized, with a complete, unexpired notary certificate.
- Homestead property requires both spouses' consent under the Kansas Constitution.
- Kansas has no state or county real estate transfer tax.
- Gifts, trust transfers, and divorce-related transfers are commonly exempt from the Sales Validation Questionnaire.
- Use the complete legal description, not just the street address.
- Survivorship between co-owners isn't automatic; the deed must say so.
- The Sales Validation Questionnaire must be submitted right after the deed, in that order.
- Only original or certified documents are accepted; photocopies are not.
- A quitclaim deed doesn't remove anyone from a mortgage — that takes a separate step.
Official Kansas Sources
Common Kansas Quitclaim Deed Mistakes
- Recording in the wrong county
- Using only the street address instead of the legal description
- Leaving off the grantor's marital status
- Skipping a spouse's consent on homestead property
- Submitting an incomplete or expired notary certificate
- Forgetting the Sales Validation Questionnaire, or submitting it out of order with the deed
- Assuming survivorship applies automatically between co-owners
- Leaving off the grantee's mailing address
- Submitting a photocopy instead of an original or certified document
- Assuming a quitclaim deed changes responsibility for a mortgage
How This Fits Into the Kansas Quitclaim Deed Process
A Kansas quitclaim deed works well for family gifts, adding or removing a spouse, funding your own trust, and divorce-related transfers.
The main things to get right are the homestead consent question, the legal description, a complete notary certificate, and the Sales Validation Questionnaire paperwork. Once those are in place, recording with the right county finishes the job.
Kansas Quitclaim Deed FAQ
Where do I record a Kansas quitclaim deed?
Record the deed with the Register of Deeds in the Kansas county where the property is located.
Does Kansas charge a real estate transfer tax?
No. Kansas does not impose a state or county real estate transfer tax, so recording a quitclaim deed involves only the standard recording fee.
Do I need my spouse's signature on the deed?
If the property is your homestead, yes. The Kansas Constitution requires both spouses to consent, even if only one holds title. It's wise to get a non-owner spouse's consent on other property too.
Does Kansas require a Sales Validation Questionnaire?
Many Kansas deeds must be accompanied by one, unless the transfer qualifies for a statutory exemption, such as a gift.
Is this legal advice?
No. This page provides general educational information and is not legal advice.