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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References

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