Divorce, Property Division, and the Quitclaim Deed

Legal documents- using a quitclaim deed during a divorce

Parting of the Ways

Co-ownership of a house can unwind in several ways. One way is through divorce proceedings. You might be wondering how this works, and what kind of decisions have to be made.

You might have questions about passing the home to your ex using a quitclaim deed. Here are some of the key issues that arise, and what steps need to be taken in each case.

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Real Estate Distribution: Legal Separation vs. Divorce

If you’re contemplating divorce or legal separation, you may be concerned about real estate division, particularly if you’ve invested years of time, energy, and money into your home or other properties. The truth is that there’s no standard procedure for the division of property. Instead, how real estate will be divided depends on where you live. Generally speaking, states take two broad approaches to property division: community property and equitable distribution.

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Quit Claim Deeds after Divorce or Dissolution

Quit claim deeds convey the current owner’s rights in real property, if any, to new owners. The transfer may or may not include consideration (something of value, usually money). They are generally used to clear clouded titles, to settle boundary disputes between neighbors, or to make gifts of real property, and include no warranties of title for the new owners.

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