Do I Need to Record a Divorce Decree With a Quit Claim Deed?

By Teo Spengler

Not all deeds are created equal. While a warranty deed carries a guarantee that the person signing the deed owns an interest in the land, a quitclaim deed does not. Quitclaims are often used for property transfers from one former spouse to another following a divorce. In some states, a divorce decree must be filed with a quitclaim to transfer marital property.

Not all deeds are created equal. While a warranty deed carries a guarantee that the person signing the deed owns an interest in the land, a quitclaim deed does not. Quitclaims are often used for property transfers from one former spouse to another following a divorce. In some states, a divorce decree must be filed with a quitclaim to transfer marital property.

Quitclaim Deeds

If someone presents you with a quitclaim deed to the Taj Mahal, don't quit your day job. A quit claim deed looks as if it transfers title to real property, but it actually doesn't. It merely transfers whatever interest the grantor holds in the property, which could be none.

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Divorce and Quitclaims

If one spouse is awarded the family home in a divorce, she generally takes title by having her former husband execute a quitclaim deed that she files in the recorder's office. Some states, like Minnesota, require that the divorce order be filed with the quitclaim. In these states, filing one without the other does not transfer title.

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Can a Divorce Decree Be Used in Lieu of a Quit Claim in Ohio?

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Filing a Quit Claim Deed in Florida After a Divorce

You may have a lot of paperwork to file after your divorce is final, including documents to transfer ownership in items you bought while married. You will have to use different methods to transfer ownership or responsibility for debts, vehicle titles and real estate. One common method to transfer ownership of real estate is a quitclaim deed, which must be filed with the county.

Is a Quitclaim Deed on a House Binding in a Divorce?

Often, a divorcing couple's biggest asset is the home they own together, and this home must be split with their other possessions during their divorce. A divorce court can award the house to one spouse, which often requires the other spouse to sign a quitclaim deed to give his ownership rights to the other spouse. This type of deed is legally binding to transfer ownership, but it does not remove a spouse's name from the mortgage.

What Is a Quitclaim Covenant?

A quitclaim deed conveys someone’s interest in real property to someone else. The seller or donor is the grantor; the recipient is the grantee. The quitclaim’s only promise, or covenant, is that if the grantor had an interest in the land, that interest is transferred to the grantee. That’s a big “if.” Quitclaims should be used only in special circumstances.

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