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What Is Quitclaim Deed?

Quick definition

A legal document that transfers one spouse's ownership interest in property to the other.

A quitclaim deed is a legal instrument used to transfer one person's ownership interest in a property to another person. In divorce, a quitclaim deed is commonly used when one spouse is keeping the family home — the departing spouse signs a quitclaim deed to transfer their ownership interest to the remaining spouse. It is important to understand that a quitclaim deed only transfers the ownership interest (the title) — it does not remove the departing spouse from the mortgage. These are two separate legal obligations. If both spouses are on the mortgage, a quitclaim deed alone does not release the departing spouse from liability for the loan. A refinance is typically required to fully remove one spouse from both the title and the mortgage.

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This definition is for general educational purposes only and does not constitute legal or financial advice. Laws vary by state and change frequently. Consult a qualified professional for guidance specific to your situation.

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