Quitclaim Deed for Divorce: How to Transfer Property When You Split
Can a quitclaim deed be used to transfer property in a divorce?
Yes. A quitclaim deed transfers one spouse's ownership interest in real property to the other during or after a divorce. The departing spouse (grantor) signs over whatever interest they hold; the remaining spouse (grantee) receives full title. The deed must be signed, notarized, and recorded with the county to be legally effective — but it does not affect the mortgage.
Source: IRC § 1041 (tax-free transfer); Fla. Stat. § 689.01 (witness requirements, Florida); state real property statutes
Legal Disclaimer: This document is for informational purposes only and does not constitute legal advice. QuitclaimForm.com is not a law firm. Consult a licensed attorney before executing any deed. Requirements vary by state and individual circumstances.
Last Updated: July 2026
7-Step Divorce Quitclaim Deed Checklist
Before you start, confirm all seven boxes:
- Your divorce decree (or marital settlement agreement) names who gets the property
- You know which spouse is the grantor (transferring) and which is the grantee (receiving)
- You have the property's legal description — from your existing deed or county records, not just the street address
- You know your state's notarization and witness requirements (Florida requires 2 witnesses; most states require only a notary)
- You have confirmed with your lender how the mortgage will be handled (the deed does not remove anyone from the loan)
- You know where to record the deed (county recorder, county clerk, or register of deeds — varies by state)
- If you are in a community property state, both spouses may need to sign regardless of who holds title
The Most Important Thing Most People Don't Know
This is the single most common misunderstanding in divorce property transfers, and it has real consequences. When the departing spouse signs a quitclaim deed, they give up their ownership interest in the property. Their name comes off the title. The remaining spouse now owns the home outright — at least on paper.
But the mortgage is a separate contract between the borrower and the lender. A quitclaim deed has no legal effect on that contract. If both spouses signed the original mortgage, both spouses remain legally responsible for the debt after the deed transfer — even if only one of them now owns the home.
The practical result: If the remaining spouse stops paying the mortgage, the departing spouse's credit score is still at risk. The lender can still pursue both borrowers. The departing spouse has no ownership but still carries the liability.
The solution: The remaining spouse needs to refinance the mortgage in their name alone. This removes the departing spouse from the loan. The quitclaim deed handles the title; the refinance handles the mortgage. Both steps are needed for a clean separation.
If refinancing isn't possible immediately (due to credit, income, or market conditions), this arrangement should be addressed explicitly in the divorce decree — ideally with a deadline for the refinance and provisions for what happens if the deadline is missed.
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How a Quitclaim Deed Works in a Divorce (Step by Step)
Confirm the divorce decree specifies who gets the property
A quitclaim deed cannot be prepared until there is an agreement — or a court order — about who receives the property. If the divorce is not yet finalized, your marital settlement agreement should specify the property disposition. Do not prepare the deed until this is clear in writing.
The departing spouse signs the deed as grantor
The spouse giving up their ownership interest is the grantor. The spouse keeping the property is the grantee. The deed must include: both parties' full legal names and addresses; the property's legal description (not just the street address — copy this exactly from the existing deed); and the consideration amount.
Notarize — and check your state's witness requirements
Every state requires the grantor's signature to be notarized. The grantor must sign in front of the notary — never sign before presenting the document. Florida requires two witnesses (Fla. Stat. § 689.01); Georgia and some states require one; most states require only a notary. See the table below.
Record the deed at the county recorder's office
Recording is what makes the transfer legally effective against third parties. Take the original signed, notarized deed to the county recorder's office (sometimes called the county clerk or register of deeds) in the county where the property is located. Pay the recording fee — typically $10–$30 for the first page.
Handle the mortgage separately
Record the deed first. Then pursue the refinance — most lenders will not refinance into one spouse's name until title actually reflects that spouse as the owner. Confirm this sequence with your lender before you start.
Witness Requirements by State
| Feature | States |
|---|---|
| Notary only (no separate witnesses) | California, Texas, New York, Illinois, Colorado, Arizona, and most others |
| Notary + 2 witnesses | Florida (Fla. Stat. § 689.01), South Carolina, Virginia |
| Notary + 1 witness | Georgia, Louisiana, Vermont |
Florida's two-witness requirement is the most frequently missed. A Florida deed signed with only a notary and no witnesses is defective and may be rejected for recording or challenged later. If your property is in Florida, make sure two witnesses sign — in addition to the notary.
Community Property vs. Equitable Distribution States
Where you live determines what each spouse owns going into the divorce — which affects who needs to sign what.
Community property states: California, Texas, Arizona, Nevada, Washington, Idaho, Louisiana, Wisconsin. In these states, most property acquired during the marriage is owned equally by both spouses — regardless of whose name is on the deed. Both spouses usually need to sign to convey community property, even if the title shows only one name.
Equitable distribution states: All other states (the majority). Property is owned by whoever holds title unless a court order provides otherwise. If the home is titled in only one spouse's name, only that spouse's signature is needed on the deed. If both names are on the deed, both spouses must sign as grantors.
Divorce Decree vs. Quitclaim Deed: Why You Need Both
A divorce decree (or marital settlement agreement) is a court order that says who gets what. It is legally binding between the spouses and can be enforced by the court. But a divorce decree does not transfer title to real property on its own.
To actually move the property from one spouse to the other — so that title reflects the new ownership in the public record — a deed must be signed and recorded. The decree tells everyone what's supposed to happen; the deed is what makes it happen.
In practice: if you have a divorce decree saying your ex gets the house but no recorded deed, your ex is the beneficial owner under the decree but title still shows both names (or your name alone). This creates problems with refinancing, future sales, and estate planning.
What If My Ex Won't Sign?
If the divorce decree assigns the property to one spouse but the other spouse refuses to sign the quitclaim deed, there are legal remedies.
- Return to court for an enforcement order: A court can hold a non-complying spouse in contempt of a divorce decree and order them to sign the deed.
- Court-ordered deed substitution: In some jurisdictions, a court can issue an order that functions as a deed — directing the county recorder to transfer title without the refusing spouse's signature.
- Commissioner or clerk signing: In some states, a court commissioner or clerk of court can sign the deed on behalf of a party who refuses to comply with a court order.
The key point: if your ex refuses to sign, you are not without recourse. You have a court order. Get your divorce attorney involved immediately.
Timing: Record the Deed Before Refinancing
Most lenders require the title to reflect the remaining spouse as the sole owner before they will complete a refinance in that spouse's name alone. If you try to refinance first, many lenders will delay or decline until the deed is recorded.
Additionally, recording the deed establishes the transfer date in the public record. This matters for tax purposes and for the lender's title search.
In almost all standard situations: record the deed first, then refinance.
Tax Considerations (IRC § 1041)
Transfers of property between divorcing spouses are generally not taxable events under federal law. Under IRC § 1041, transfers of property between spouses (or incident to divorce) are treated as gifts for income tax purposes — meaning no gain or loss is recognized at the time of transfer. The receiving spouse takes the property at the transferring spouse's adjusted cost basis.
This is a general federal rule. State tax treatment varies. Some states impose documentary transfer taxes on deed recordings; others exempt transfers between divorcing spouses. For the tax consequences of your specific property transfer, consult a CPA or tax attorney.
Frequently Asked Questions
Does a quitclaim deed remove me from the mortgage?
No. A quitclaim deed only transfers property ownership — it has no effect on the mortgage. If your name is on the mortgage, you remain responsible for the debt regardless of whether you still own the property. To be removed from the mortgage, the remaining spouse must refinance the loan in their name alone. The deed handles title; the refinance handles the mortgage. Both steps are needed.
What if my ex won't sign the quitclaim deed?
If the divorce decree assigns the property to you but your ex refuses to sign the deed, return to court. A judge can hold your ex in contempt of the divorce decree, order them to sign, or — in some jurisdictions — issue an order that substitutes for the deed and directs the county recorder to transfer title without the refusing party's signature. Consult your divorce attorney immediately; you have legal remedies.
Do I need a lawyer to prepare a quitclaim deed for a divorce?
You are not legally required to use an attorney to prepare or record a quitclaim deed. For a clean, uncontested transfer where both parties agree, many people complete this without an attorney. If there is any complexity — community property state, dispute about the transfer, existing mortgage complications — legal review is worth the cost.
How long does recording a quitclaim deed take?
Most county recorder's offices record a deed the same day or within 1–3 business days of submission. Some counties offer over-the-counter recording where you receive a stamped copy immediately. Others require submission by mail and return the recorded copy by mail. Contact your county recorder's office to confirm their process.
What about capital gains taxes when I sell the house later?
Under IRC § 1041, transfers of property between divorcing spouses are generally not taxable events at the time of transfer — no gain or loss is recognized. The receiving spouse takes the property at the original cost basis. When you eventually sell the home, capital gains taxes are based on the original purchase price, not when the deed was transferred to you. The $250,000 federal exclusion ($500,000 for married couples) for primary residence sales may apply if you meet the ownership and use tests. Consult a tax professional for your specific situation.
Is a quitclaim deed enough, or do I also need to file something with the divorce court?
The deed handles the property transfer in the public title record. The divorce court does not need a copy of the recorded deed to finalize the divorce. However, you should keep a copy of the recorded deed in your personal records alongside your divorce decree. In California, a Preliminary Change of Ownership Report (PCOR) is also required at recording. Check your county recorder's office for transfer tax requirements specific to your state.
Who pays the recording fees and transfer taxes?
Recording fees are typically $10–$30 for the first page. Transfer taxes vary widely by state and county — some states exempt transfers between divorcing spouses; others charge based on the loan balance or fair market value of the property. Who pays is usually addressed in the divorce decree or marital settlement agreement. Confirm your county's requirements with the recorder's office before filing.