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.
When is a quitclaim a good way to transfer a whole or
partial interest in a home? In a simple transaction among familiar parties. Especially
where no money changes hands. No wonder quitclaim deeds are often used between
spouses.
Here, we take a look at a variety of ways quitclaims can convey
property between partners in marriage.
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.