Transferring Property Ownership to a Spouse in a Washington Divorce
When spouses decide to transfer real property rights during or after a Washington divorce, a quitclaim deed is one common legal instrument used to formalize the transfer of ownership from one spouse to the other.
What Is a Quitclaim Deed?
A quitclaim deed is a legal document that transfers any ownership interest a grantor (the transferring spouse) has in a property to a grantee (the receiving spouse). This document typically does not guarantee that the property title is free of liens or other encumbrances. Instead, it “quits” any claim the grantor may have, effectively conveying whatever ownership rights they hold.
Common types of property transferred through a quitclaim deed include:
- Houses and Condos
- Land or Vacant Lots
- Mobile Homes
- Timeshares
Why Use a Quitclaim Deed in a Divorce?
In Washington, a quitclaim deed is often part of a property settlement or separation contract when couples decide how to distribute marital assets. Quitclaim deeds are:
- Straightforward: Quickly transfer any interest without extensive warranties.
- Cost-Effective: Typically simpler to execute compared to other types of deeds.
- Final: Remove the transferring spouse’s interest in the property, leaving sole ownership to the receiving spouse.
Important Considerations
- Separate Quitclaim for Each Property
If you have multiple parcels or different types of property, you generally need a separate quitclaim deed for each asset.
- No Title Warranty
Quitclaim deeds do not guarantee clear title. If you’re uncertain about liens, mortgages, or other encumbrances, consider a warranty deed or consult with a real estate attorney for more extensive title protections.
- Filing Requirements
You must record the quitclaim deed with the county auditor (or other local recording office) in the county where the property is located. This ensures the transfer is a matter of public record.
- Potential Tax Implications
Depending on the circumstances, property transfers can have tax implications (e.g., excise tax, changes to property tax assessments). Always consult a qualified tax professional if you’re unsure.
Our Quitclaim Services for Divorce Cases
If you need to transfer property from one spouse to the other during or after a Washington divorce, we offer streamlined quitclaim services online:
- Drafting & Preparation
A Washington-licensed family law attorney will prepare all necessary documents. - Detailed Instructions
We provide step-by-step guidance on signing, notarizing, and filing the quitclaim deed. - Affordable Pricing
- $95 for clients who have already used our uncontested divorce services.
- $149 for non-clients.
How to Get Started
- Existing Clients
Send us an email with your Case ID and request a quitclaim deed for the property in question. - New Clients
If you haven’t used our divorce services, please email info@washingtondivorceservice.com (for Washington clients, please reach out to a licensed Washington service or attorney) and inquire about our post-divorce quitclaim service.