What is a quitclaim deed? A quitclaim deed, or non-warranty deed, is a legal document in which one party conveys all the interest they have in a piece of real estate to another party. It differs from the deed you would have received from the seller when you purchased the property (or the one you will sign when you sell it) in that deeds for sales are usually warranty deeds. A warranty deed conveys the property, and the signer guarantees to the new owner that they have a good, complete title to the property, i.e., they truly own it with no one else having claims against it. A quitclaim deed merely conveys whatever interest the signer has in the property, without making any promises about what that interest is.

    While it may seem that you would want the extra protections of a warranty, in practical terms, it is not worth much in a divorce. That is because when you bought the property, you both very likely got a warranty deed from the seller. That warranty was also given to the spouse, who is now signing the property over to you. So if you ever made a claim against your spouse under that warranty, he would immediately make a claim against the seller. Ultimately, you will end up suing the original seller, and any liability found will be the seller's responsibility.

    And in any case, in this day and age, almost everyone who purchases real estate purchases a title insurance policy. The title company is responsible for any flaws in the title, and all you need to do is contact them about it, and they will handle all the work in fixing it for you, including determining who to file suit against, should it come to that.

    So do I need a quitclaim deed? If you and your spouse own property together and have agreed that only one of you will own it going forward, then a quitclaim deed is the best way to achieve this goal.

    But with one warning: Most houses are purchased with a mortgage. That mortgage is a lien against the home that must be paid before selling the house. Usually, the lender behind the mortgage requires both parties on the deed to sign a promissory note to repay the money. In that case, if one spouse signs a quitclaim deed to the other without paying off the mortgage, the signing spouse will still be liable for the mortgage on a house they no longer own. The signing spouse should require the receiving spouse to refinance the property before they receive the quitclaim deed.