Once a divorce settlement or judgment decides who keeps the house, someone still has to move the property's legal title to match that decision. That is usually done with a deed, most often a quitclaim deed. Here is how that works in general, plus California's distinct interspousal transfer deed and how Florida handles the same transfer.
Key Takeaway: A quitclaim deed transfers whatever interest a spouse has in real estate, but it does not remove that spouse from the mortgage. Recording the deed and dealing with the loan are two separate steps. California uses a related instrument, the interspousal transfer deed, which qualifies for a property tax reassessment exclusion. Other states, including Florida, generally use a standard quitclaim deed.
What Is a Quitclaim Deed and Why Is It Used in Divorce?
A quitclaim deed transfers whatever ownership interest the person signing it (the grantor) has in a specific piece of real estate to another person (the grantee), without making any promise about the quality of that title. It does not promise the property is free of other claims or liens; it simply says "I am giving you whatever interest I have."
In a divorce, that makes it a common tool after the spouses (or the court) decide who keeps a jointly owned home or other real estate. The spouse who is giving up their interest signs a quitclaim deed transferring their share to the spouse who is keeping the property, so the public land records match what the divorce settlement or judgment actually decided.
How Do You Transfer Real Estate Off the Marital Home After Divorce?
In general terms, the steps look like this:
- Settle who keeps the property, through a marital settlement agreement or a court order deciding the division of property.
- Prepare the correct deed for your state, identifying the property by its full legal description, the grantor (the spouse giving up their interest), and the grantee (the spouse keeping it).
- Sign the deed in front of a notary public, since most states require notarization for a deed to be recorded.
- Record the deed with the county recorder or clerk where the property is located, along with any required transfer tax declaration or exemption form.
- Address the mortgage separately, since recording a new deed does not by itself change who is responsible for the loan.
Exact form requirements and recording fees vary by county, so confirm the current process with your county recorder before filing. If you are looking for how to fill out a quit claim deed after divorce step by step, that five-step outline above is the general shape of it; the specific blanks on the form itself (legal description, grantor and grantee names, notary block) follow your state's standard deed template.
Does a Quitclaim Deed Remove You From the Mortgage?
No. This is the single most common misunderstanding about quitclaim deeds in divorce. A deed changes who is on the title, meaning who legally owns the property. A mortgage is a separate loan contract with a lender. If both spouses signed the original mortgage, both generally remain personally responsible for that debt even after one of them quitclaims away their ownership interest, unless one of the following happens:
- The remaining spouse refinances the mortgage into their name alone, paying off the joint loan with a new one
- The lender agrees to a formal release of liability, which is uncommon and not something you can count on
- The loan is paid off entirely, closing it out
Because of this gap, many divorce settlements require the spouse keeping the house to refinance within a set time after the deed transfer, precisely so the other spouse is no longer on the hook for the loan. Confirm your lender's specific requirements before treating a deed transfer as the end of the process.
Do You Need a Lawyer to File a Quitclaim Deed?
Not necessarily, for a straightforward transfer where both spouses agree on who keeps the property and the title has no other complications. Many people prepare the deed themselves using their state's standard form, sign it before a notary, and record it with the county. A lawyer or title company becomes more valuable when there are multiple liens on the property, unclear or disputed title history, or disagreement between spouses about value or division that has not already been resolved in the settlement agreement or judgment.
California: The Interspousal Transfer Deed
California generally uses an interspousal transfer deed rather than a plain quitclaim deed for transfers of real estate between spouses. It functions like a quitclaim deed, transferring whatever ownership interest the grantor spouse has, but California law treats interspousal transfers as a distinct category for property tax purposes.
Under California Revenue and Taxation Code Section 63, a change of ownership for property tax reassessment purposes does not include an interspousal transfer, including transfers to a spouse in connection with a property settlement agreement or a decree of dissolution of marriage or legal separation. That means recording an interspousal transfer deed as part of a divorce settlement generally does not trigger a property tax reassessment in California, unlike many other property transfers.
The deed itself is still recorded with the county recorder where the property is located, separately from the family court case, and it does not, on its own, change who is responsible for an existing mortgage.
Florida: Quitclaim Deeds in Divorce
Florida does not have a separate instrument like California's interspousal transfer deed. Real estate transfers between divorcing spouses in Florida are generally handled with an ordinary quitclaim deed, signed before a notary and two witnesses, and recorded with the clerk of the circuit court in the county where the property is located. A deed transferring the marital home between spouses under a dissolution action is generally exempt from Florida's documentary stamp tax under Fla. Stat. 201.02(7).
For the full signing requirements, the recording rule that protects the transfer against later claims, and the documentary stamp tax exemption, see our guide, Quitclaim Deed in a Florida Divorce.
How Virdix Helps
Virdix prepares the California and Florida family court forms that establish who keeps real estate in a divorce, such as the property division sections of your settlement agreement, from your answers to a guided questionnaire. Virdix does not prepare or record deeds; that is a separate step handled with your county recorder or clerk once your settlement agreement or judgment is final. The current launch price is $79 through October 31, 2026.
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This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. Deed requirements, transfer taxes, and property tax rules vary by state and county; confirm current requirements with your county recorder or a licensed attorney. For advice about your specific situation, consult a licensed attorney in your state.
Sources: California Revenue and Taxation Code Section 63 (leginfo.legislature.ca.gov); Florida Statutes Section 201.02 (flsenate.gov)