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.

Divorce is never easy, but we can help. Learn More
Divorce is never easy, but we can help. Learn More
How to Get a Divorced Spouse Off a House Title
 

References

Related articles

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.

Does a Will Override a Warranty Deed?

Wills and warranty deeds are two methods of transferring real estate. Wills transfer the probate property of a decedent to specific individuals identified in the document. A warranty deed transfers property from a seller to a buyer while both parties are still alive. While it may appear that these documents do not influence each other given when each is executed, several sets of circumstances exist in which one can influence the other.

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.

Get Divorced Online

Related articles

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

When a judge issues a divorce decree, he usually specifies how personal property and real estate should be divided ...

How do I Change a Quit Claim Deed in New Hampshire After a Divorce is Final?

A quitclaim deed conveys title to New Hampshire real estate without the guarantees typically included in a warranty ...

Quit Claim & Divorce Laws in Michigan

Michigan couples, like couples around the country, must split their marital property when they divorce, including the ...

Joint Tenancy and Divorce in California

All divorcing couples in California should carefully review titles to their real property to determine if it is ...

Browse by category
Ready to Begin? GET STARTED