Using a Quitclaim Deed to Transfer Real Estate in a Divorce

One of the easiest and most common ways to transfer property rights to another party in Nebraska is through the use of a quitclaim deed. This type of deed conveys the interest you have in a property without providing any warranties or guarantees about the interest you are conveying.

If you acquired your home during your marriage, you probably own it together as a joint tenancy with rights of survivorship.  This means that the property passes automatically to a surviving spouse.  When you divorce, the property settlement you negotiate with your spouse will typically include one of these two options for your primary residence:

1. The home will be sold with the proceeds to be divided between spouses; or
2. One of the spouses is awarded the primary residence, either by agreement or court order.

When one spouse elects to keep the property, a quitclaim deed is used to remove the other spouse from the title.  The spouse who is being removed from the title will be required to prepare and file a quitclaim deed with the Register of Deeds in the county where the property is located.

If you are ordered to prepare this, you will need to do so within the timeframe specified in your decree. If your former spouse was ordered to prepare this, confirm that it was completed to ensure you own the property outright. If you were ordered to refinance the property, make sure you do so within the timeframe specified in your decree.

Mortgage responsibility

Removing an ex-spouse from the title of a property via a quitclaim deed does not remove that spouse’s responsibility for paying the mortgage if the loan was taken out in both spouses’ names.  To remove yourself from mortgage responsibility, you will need to ensure that your former spouse has refinanced the mortgage in his or her name only.  You should include a refinancing agreement in your divorce decree if liability for the mortgage is being transferred to one spouse alone.

Your legal team at Koenig|Dunne is here to provide you with guidance and advice regarding all of the issues that you will face throughout the divorce process.