As in any other state, divorcing Ohio spouses must arrive at a property settlement, either on their own or as imposed by the court. Sometimes it is necessary for one spouse to relinquish his or her interest in jointly owned marital property in order to facilitate the settlement. Transferring title to real property in Ohio during a divorce typically requires the relinquishing spouse to execute a quitclaim deed.
Obtain a blank quitclaim deed form from the county recorder's office of the county where the property is located. Some recorder's offices have these forms available for download from their websites, or you may obtain one from an online legal document provider. If you cannot find a form, you may draft your own quitclaim deed using the format provided in Section 5302.11 of the Ohio Revised Code.
Fill out the form by providing the information requested. Enter you name and marital status as grantor (the spouse transferring title); name, marital status and address of the spouse taking title; address of the property being transferred and its legal description; and the county recorder's book and page number where the original property deed is recorded. The legal description and book and page number are recited on the original deed. All you need to do is copy them.
Take the quitclaim deed to a notary public. Sign and date the form in front of the notary. Have the completed form notarized.
Take the notarized deed to the county recorder's office in the county where the property is located. File the deed and pay any required filing fee. Ask the clerk for three file stamped copies. You may be required to pay a copy fee. Send one copy to your mortgage company, give one copy to your spouse for his records and keep one copy for your records.
Tips & Warnings
Ohio quitclaim deeds no longer require witnesses of the grantor's signature for execution of the deed to be valid. Prior to February 1, 2002, Ohio required the participation of two witnesses in the proper execution of a quitclaim deed.
References & Resources
- Divorce Net: Ohio Divorce: Dividing Property
- Ohio State Bar Association: Quitclaim Deed Transfers Property Without Ownership Guarantee
- TheEasyDeeds, LLC: Ohio Quit Claim Deeds
- Law Writer, Ohio Laws and Rules: Ohio Revised Code, Section 5302.11, Quit Claim Deed Form
- Ohio Recorders' Association: Documents
- Free Quit Claim Deed Forms, LLC: Ohio Quit Claim Deed Form
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