If a divorce decree splits up real estate, do we need to file a quitclaim deed or something else to re-title the property?

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If a divorce decree splits up real estate, do we need to file a quitclaim deed or something else to re-title the property?

My wife and I divorced and the decree came down today. We had 5 lots. The judge gave me 3 lots and my ex got 2 lots. On my lots there is an old garage and on hers is the house. Do we file a quitclaim deed or is there another avenue we should take? It seems like a quitclaim relinquishes all rights to all the property. While we are splitting the property. How do I go about getting my share?

Asked on August 11, 2011 Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to carefully read the divorce decree dividing up the assets of the marriage concerning the real estate you former wife and you have from the marriage. Some decrees require the parties to sign and record grant or quitclaim deeds within a certain period of time.

Sometimes the divorce decree in and of itself transfers the legal title of the divided up real property. If the divorce decree actually transfers the lots, then a certified copy of the divorce decree is obtained and it is then recorded on the five lots that were assets of the marriage.

If the dissolution decree does not transfer the properties then you and your former spouse need to sign deeds transfering title to the lots per the decree. I recommend a grant deed be utilized in this situation as opposed to a quitclaim deed. A grant deeds warrants that the transferor has the title to the property being conveyed. A quitclaim deed does not.


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