missouri quit claim deeds do they transfer property if signed and not recorded?

Answer 1

In some states, transfer of the property occurs when delivery of the signed and properly acknowledged deed is made to the grantee of the property. Then, the deed is normally recorded, so that it is a public notice of who owns the land, and for tax purposes.

Missouri Revised Statues, Section 442.380 states: "Every instrument in writing that conveys any real estate, or whereby any real estate may be affected, in law or equity, proved or acknowledged and certified in the manner herein prescribed, shall be recorded in the office of the recorder of the county in which such real estate is situated. "

Missouri Statues, Section 442.400 also states: "No such instrument in writing shall be valid, except between the parties thereto, and such as have actual notice thereof, until the same shall be deposited with the recorder for record. "

Although I am not licensed in Missouri, it appears from a reading of this statute that if not recorded, the property has not been transferred.

For more specifics of your situation, you need to contact an attorney licensed to practice in Missouri. If you don't know an attorney in Missouri, contact the Missouri Bar Association and they can assist you with a referral.

Answer 2

Quitclaim deeds and property recordation are very tricky issues that you won't be able to answer from this forum. You will need a lawyer as the laws vary quite substantially from state to state. Some property laws are still goverened under "the common law", meaning there isn't an explicit statute that covers the issue. For those issues, it takes a lawyer who is familiar with the caselaw of the state to figure out what's going on.