In Kansas, as in other jurisdictions, an "Affidavit of Equitable Interest" is a legal document used in real estate transactions to declare the equitable interest of a party in a property. Equitable interest is a type of interest in real estate that indicates a beneficial interest in the property and may arise from a contract, such as a contract for deed, purchase agreement, etc. even though the legal title has not yet been transferred. An affidavit of this type can be filed by either party to the contract, and is often filed by purchasers alone.

Here's a breakdown of what an Affidavit of Equitable Interest typically involves:

1. Declaration of Interest: The affidavit is a sworn statement declaring that the affiant (the person making the affidavit) has an equitable interest in a specific piece of real estate. This interest usually stems from a contractual agreement, like a contract for deed, lease-purchase agreement, or an agreement for deed.

2. Use in Real Estate Transactions: This affidavit is often used in situations where a party needs to prove their interest in a property, but the legal title has not been transferred to them. It can be important in cases where the property is subject to a dispute, or the affiant needs to demonstrate their interest for purposes of a lawsuit, financing, or dealing with government agencies.

3. Details Included: The affidavit will typically include the affiant's name, the description of the property in question, and the nature of the affiant’s equitable interest. It should also detail the circumstances under which the equitable interest was acquired, such as the terms of a contract.

4. Execution and Notarization: As with other affidavits, the Affidavit of Equitable Interest must be signed by the affiant in the presence of a notary public. The notary will acknowledge the signing as a free and voluntary act.

5. Recording: This affidavit may/should be recorded with the county recorder’s office where the property is located. Recording the affidavit can serve as public notice of the affiant's interest in the property, which can be important for protecting that interest.

6. Legal Effect: While an Affidavit of Equitable Interest declares a person's interest in a property, it doesn't grant legal ownership. The legal title remains with the current owner until it's formally transferred.

79-1437c. Real estate sales validation questionnaires;
required to accompany transfers of title; retention time; use of information. No deed or instrument providing for the transfer of title to real estate or affidavit of equitable interest in real estate shall be recorded in the office of the register of deeds unless such deed, instrument or affidavit shall be accompanied by a real estate sales validation questionnaire completed by the grantor or grantee or the agent of such grantor or grantee concerning the property transferred.

(Kansas Affidavit for Equitable Interest Package includes form, guidelines, completed example and sales validation questionnaire) For use in Kansas only.

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