Many home deeds belong to couples. When couples separate,
what happens to their deeds? And what can you do to protect your interests if
you’re a homeowner who could be headed for divorce? Here, we take a look at a
few of the biggest issues.
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
Quitclaim deeds serve as a versatile tool in real estate transactions, transferring a current owner’s interest, if any, to a new owner. Such transfers might or might not involve consideration—often monetary value. These deeds are particularly useful for clarifying ambiguous titles, resolving boundary disputes, or gifting property, yet they do not guarantee the title’s validity to the recipient.
In the context of a divorce or dissolution, quitclaim deeds take on a specialized role. Property division in these instances is typically overseen by a judge, who may order one party to relinquish their rights in jointly-owned real estate to their former partner. When quitclaim deeds are used in divorce proceedings, they often necessitate extra details. Many jurisdictions, for example, require an explicit reference to the divorce within the document, including the docket or civil action number, along with the recording specifics of the related legal judgment.