What doI write on quitclaim deed for consideration soI don’t have to pay tax stamp?

 I’m buying my wife out before divorce.

Asked on December 7, 2011 under Real Estate Law, Massachusetts


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Good question. If you do not want to pay a transfer tax as part of the quitclaim process as a result of your divorce, I suggest that you do one of the following:

1. state on it that it is per a dissolution agreement and she grantee gets the property as a form of an equalization of the marital estate;

2. state the transfer is part of a gift" to your current wife.

You should not have to pay a transfer tax in that there was no per se sale.

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