The following information about divorce and quitclaim deeds offers tips on how to protect your interests in the family home.
Depending on whether you will be keeping the house after divorce or your ex will get it, title and ownership of the property is something that needs to be taken care of. In a divorce situation, a quitclaim deed is the most common way of transferring ownership of the marital home from one spouse to the other.
To be valid, the quitclaim deed needs to be in writing. Is should include:
The person transferring the title needs to sign and date this document and have it notarized. The quitclaim deed then needs to be filed with the county courthouse where the property is located. It's important to note that a quitclaim deed only addresses ownership of the property, not the mortgage. Who will be responsible for paying the mortgage is something that is addressed separately in your divorce settlement (here are some divorce mortgage options to consider).
Find out how to get a person's name off the deed, what effect this will have on the mortgage and more with these answers from legal expert Brette Sember, J.D. & financial expert Timothy McNamara, CDFA.
© WomansDivorce.com | Updated March , 2023