This toolkit tells you about using a quitclaim deed to transfer property that you or your ex-spouse received in your divorce case. For general information about quitclaim deeds, read the Articles. Read the Common Questions if you have a specific question. If you want to get a quitclaim deed to transfer property, use the Forms link to prepare your forms. Instructions on what to do with the quitclaim deed will be included with the forms you prepare using the Do-It-Yourself Quitclaim Deed (after Divorce) tool.
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Common Questions
You need a new deed to transfer real estate after your divorce if your name and your ex-spouse’s name are both on the current deed. You also need a new deed if the current deed is not in the name of the person keeping the property.
It is possible for a Judgment of Divorce to transfer the property. After a divorce, ex-spouses usually use a deed to transfer property so that the Judgment of Divorce is not part of the property records that anyone can search. But if your ex-spouse does not complete their part of the quitclaim deed, you can transfer the property by recording your Judgment of Divorce at the Register of Deeds.
No. A quitclaim deed will not change who is responsible for the mortgage. The person keeping the property will need to refinance the mortgage in their name alone. However, this may not be possible if the property is worth less than the amount of the mortgage, if the person keeping the property has bad credit, or for other reasons.