[MO] Can I quit claim the deed of my property into my LLC?
I have a Missouri LLC. I need to quit claim the deed of a property that my wife and I owns into the Missouri LLC. Can you let me know how we can do this.
17
5
Solved
Yes, you can quit claim the deed into your Missouri LLC even if there's a mortgage, but the lender may consider that a breach of your loan terms. Most mortgages have a "due-on-sale" clause, meaning transferring title without the lender’s consent could trigger the full balance becoming due. While lenders don’t always enforce this clause, it’s a risk you should know about. It’s smart to contact your lender first or get written permission before transferring to the LLC.
Once you confirm with the lender, the next step is to prepare a quit claim deed transferring the property from you and your wife to your LLC. You’ll need to have the deed properly signed, notarized, and then filed with the county recorder where the property is located.
0
Missouri Quit Claim Deed Form
Create Document
Full Conversation
I have a Missouri LLC. I need to quit claim the deed of a property that my wife and I owns into the Missouri LLC. Can you let me know how we can do this.
Lexi, Chatbot
I understand that transferring property into your LLC can be a complex process. Have you already consulted with a lawyer about this transfer?
No.
Lexi, Chatbot
Is the property currently held solely in your names, or are there any other owners involved?
Yes, it is held solely in our names.
Lexi, Chatbot
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with transferring the property into your Missouri LLC.
No.
Legal Eagle
Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation!
Is there an existing mortgage or lien on the property that might affect the transfer to the LLC?
Yes there is a mortgage on the property. We would like the mortgage to stay in our names but to Quit claim the deed into the LLC.
Is that possible?
Legal Eagle
Yes, you can quit claim the deed into your Missouri LLC even if there's a mortgage, but the lender may consider that a breach of your loan terms. Most mortgages have a "due-on-sale" clause, meaning transferring title without the lender’s consent could trigger the full balance becoming due. While lenders don’t always enforce this clause, it’s a risk you should know about. It’s smart to contact your lender first or get written permission before transferring to the LLC.
Once you confirm with the lender, the next step is to prepare a quit claim deed transferring the property from you and your wife to your LLC. You’ll need to have the deed properly signed, notarized, and then filed with the county recorder where the property is located.
I have another question, do I need to quit claim the deed into the LLC?
Legal Eagle
If your goal is to have the LLC legally own the property, then yes, you need to quit claim the deed into the LLC. Just forming the LLC doesn’t transfer ownership because you have to record a new deed showing the LLC as the owner. This is what legally ties the property to the business.
Can the deed remain in our current name while having the LLC fully protecting the property?
Legal Eagle
No, the deed must be in the LLC’s name for the LLC to fully protect the property from personal liability. As long as the deed is in your personal names, the property is not legally owned by the LLC and won’t get the full liability shield.
I just spoke with my lender (M&T Bank.) They said it was fine that we quit claim the deed into a LLC as we will continue to make the mortgage payments.
Legal Eagle
That’s good news since M&T Bank is okay with the transfer, you can move forward with quit claiming the deed into your LLC. Just be sure the deed is correctly prepared, signed by both you and your wife, notarized, and then recorded with the county. This will officially place the property under the LLC’s ownership while keeping the mortgage in your names.
Thanks for your help!
Legal Eagle
128,690 satisfied customers
Criminal law, employment law, family law, landlord-tenant, and real estate law.
12 lawyers online now
18
6
Answered 2 weeks ago
Disclaimer
By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
