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Using A Quitclaim Deed To Transfer Property In Your Divorce

Untangling assets and dividing property during a divorce can be a long and arduous process. Our Orange County divorce attorneys at Gill Law Group, PC, have decades of collective experience and can help you navigate the process as quickly and efficiently as possible.

What Is A Quitclaim Deed?

A quitclaim deed is a tool for transferring real estate and property. It allows the grantor to relinquish any interest in the property and transfer that interest to the grantee. Quitclaim deeds are commonly used in divorce to remove a spouse’s name from a title. Normally, a disadvantage to using a quitclaim is that it does not guarantee that the grantor’s interest in the property is valid. However, in a divorce, this guarantee is not always necessary because the grantee’s name was already on the original title. In a divorce, a quitclaim deed is often the most efficient way to get a spouse’s name off the title and transfer ownership to the other spouse.

How Is A Quitclaim Deed Different Than A Warranty Deed?

Unlike a quitclaim deed, a warranty deed guarantees that the grantor has the right to sell the property, and the grantor guarantees that they have a clear title and the right to sell the property. In other words, they guarantee that there aren’t any encumbrances on the property. In general, a warranty deed offers more protection to a buyer than a quitclaim deed does. Each set of facts and circumstances in a divorce is unique. An experienced divorce lawyer will be able to help you understand which is best for your scenario. Our high net worth divorce attorneys at Gill Law Group, PC, regularly handle divorces involving complicated division of property, real estate and asset scenarios.

Schedule A Consultation To Discuss The Transfer Of Real Estate In Your Divorce

Our divorce attorneys offer free initial consultations. To schedule yours, call us at 949-868-5268 or send us an email using our online form.