What Is a Quitclaim Deed
A quitclaim deed is a legal document that transfers one spouse's ownership interest in real property to the other spouse without any warranty or guarantee about the property's title. During divorce, it's commonly used to formally remove one spouse's name from the deed to the marital home or other real estate as part of the property division settlement.
The key distinction is that a quitclaim deed makes no promises about whether the person transferring the property actually owns it or whether anyone else has claims against it. It simply says "I'm giving up whatever rights I have." This is different from a warranty deed, which guarantees clear title. In divorce settlements, this distinction matters less because both spouses usually know the property's ownership status, but the lack of warranty can create problems if the transfer happens outside a divorce agreement.
How Quitclaim Deeds Work in Divorce
When a divorce judgment awards the marital home to one spouse, that spouse must file a quitclaim deed to remove the other spouse's name from the property record. This typically happens after the divorce is finalized, not before. The process involves these steps:
- Your divorce decree specifies who receives the property and that a quitclaim deed will be filed
- The spouse keeping the property prepares the deed (usually with help from a real estate attorney) and has it notarized
- The deed is recorded with the county recorder's office where the property is located. Recording fees typically range from $50 to $300 depending on the county
- The recording is complete within 1 to 3 weeks in most jurisdictions
You cannot sign a quitclaim deed before the divorce is final in most states. Courts won't enforce transfers agreed to outside the formal divorce judgment, and signing early could create title complications. The deed must reference the divorce decree number and the date of the judgment for the recorder's office to process it correctly.
State-Specific Requirements
Quitclaim deed rules vary significantly by state. In community property states like California, Arizona, and Texas, both spouses automatically own marital property equally, so both signatures are required on the quitclaim deed. In equitable distribution states like New York, Florida, and Illinois, the court divides property fairly but not necessarily equally, and the requirements depend on how the property was titled. Some states require the deed to be filed within 90 days of divorce finalization to avoid complications with mortgage lenders or title insurance. Check your state's rules before proceeding.
Common Questions
- Do I need an attorney to file a quitclaim deed? Not legally required in most states, but highly recommended. An attorney ensures the deed is properly formatted, references the correct divorce judgment, and is filed in the correct county. Errors can cloud the title and cause problems if you ever sell the property or refinance the mortgage. Expect to pay $300 to $800 for this service.
- What happens if my ex-spouse won't sign the quitclaim deed? If the divorce judgment requires it, you can file a motion to enforce the judgment and ask the court to compel them to sign or authorize the court to sign it on their behalf. This typically takes 30 to 60 days and may cost $1,000 to $3,000 in legal fees.
- Can filing a quitclaim deed affect my spousal support or child support obligations? No, the deed only transfers property title. It has no direct impact on support calculations, which are based on income, custody arrangements, and other factors laid out in your divorce decree.
Related Concepts
- Marital Home - The primary residence owned jointly during marriage, typically the largest asset divided in divorce
- Property Division - The court-ordered process of splitting all marital assets and debts between spouses