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.

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.

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?

References

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Quit Claim & Divorce Laws in Michigan

Michigan couples, like couples around the country, must split their marital property when they divorce, including the marital home. Since a house can't be divided down the middle, couples sometimes decide to split the value of the home; one spouse keeps the home and the mortgage, while the other gets her share of the equity in the form of a buyout. The spouse who gets the buyout signs a quit claim deed to give the other spouse full title to the home.

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.

Does a Beneficiary Need to Change the Title of a House Before Selling?

The legal transfer of real estate doesn’t happen magically in life, but strangely, it can in death. In some states, real estate vests in a beneficiary named in a will at the time of the property owner’s death There’s no legal reason to change the title. But if you want, or if your state requires, changing the title is usually a simple procedure accomplished in probate.

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