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Quitclaim Deed from Ex-Husband and Ex-Wife

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Quitclaim Deed from Ex-Husband and Ex-Wife to Themselves Changing Title from Tenants by the Entirety to Tenants in Common Pursuant to Divorce Decree

Grantees' Mailing Addresses:

Legal Description:

(Space above reserved for Recorder of Deeds certification)

QUITCLAIM DEED

KNOW ALL MEN BY THESE PRESENTS THAT:

Whereas, and , were divorced pursuant to a Decree of the Circuit Court of County, Missouri, on , a copy of said Decree being attached hereto as Exhibit A; and

Whereas, said Decree ordered the Grantors herein to convey title to themselves from tenants by the entirety to tenants in common;

Now, therefore, for valuable consideration of Ten Dollars ($10.00), and other good and valuable consideration, cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, and , herein referred to as Grantors, do hereby remise, release, and forever quitclaim unto and as tenants in common, said and , being hereinafter referred to as Grantees, the following lots, tracts or parcels, together with all improvements located thereon, lying in the County of State of Missouri, to-wit:

(Legal Description)

Prior instrument reference: Book Page Document No. , of the Recorder of Deeds, County, Missouri.

SUBJECT to all easements, rights-of-way, protective covenants and mineral reservations of record, if any.

TO HAVE AND TO HOLD the same with all the rights and immunities, privileges and appurtenances thereto belonging, unto the said Grantee and unto their successors and assigns of the Grantee forever; so that neither the Grantors nor their heirs, nor any other person or person for them or in their name- or behalf, shall or will hereafter claim or demand any right or title to the aforesaid premises or any part thereof but they and every one of them shall, by these presents, be excluded and forever barred.

Grantors do not warrant title to the property as this is a quitclaim conveyance.

WITNESS Grantors' hands this the day of , 20

State of Missouri

County of

On this day of in the year before me, , a notary public in and for said state, personally appeared and , known to me to be the persons who executed the within Quitclaim Deed, and acknowledged to me that they executed the same for the purposes therein contained.

In witness whereof, I hereunto set my hand and official seal.

Recording Information for Official Use Only:

Send Tax Statements to each Grantee

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What a Quitclaim Deed from Ex-Husband and Ex-Wife Is

A Quitclaim Deed from Ex-Husband and Ex-Wife is a real estate conveyance used after divorce to transfer whatever interest one spouse holds in a property to the other without warranties of title. It typically appears after a divorce decree or property settlement where one former spouse relinquishes claims to the marital home or other real property. The deed identifies grantor and grantee, describes the property by legal description, states consideration (often nominal), and includes a notary acknowledgement. It conveys present interest but does not guarantee clear title or resolve liens.

Why this Quitclaim Deed Matters

A Quitclaim Deed from Ex-Husband and Ex-Wife formalizes post-divorce property allocation, clarifies ownership, and simplifies title records for sale, refinance, or tax purposes.

Why this Quitclaim Deed Matters

Who typically completes this deed

Common users include divorcing parties, family law attorneys, title companies, and recording clerks managing property transfers after marital separation.

  • Divorcing spouses or ex-spouses executing settlement terms and transferring their property interest to the other party.
  • Family law attorneys preparing deed language consistent with divorce decrees and settlement provisions for recording.
  • Title or escrow companies reviewing documents to clear title for refinance or sale after a marital transfer.

Accurate preparation reduces delays at the county recorder, protects the grantee's ability to mortgage or sell, and aligns record ownership with divorce orders.

Core components of a professional quitclaim deed

A properly drafted Quitclaim Deed from Ex-Husband and Ex-Wife contains several standard sections and formal elements to ensure the transfer is recordable and reflects the parties' divorce agreement.

Granting Clause

Clear statement that the ex-husband or ex-wife conveys all right, title, and interest they hold to the grantee, using precise legal phrasing to avoid ambiguity and align with the settlement.

Names and Capacity

Full legal names of grantor(s) and grantee(s) with capacity (for example, 'formerly married as John A. Smith, grantor') to prevent mismatches with prior recorded documents.

Legal Description

Plat or metes-and-bounds legal description from the prior deed or title report; a street address alone is insufficient for recordation and may cause rejection by the county recorder.

Consideration Statement

Nominal monetary consideration or recitation of property division per divorce decree; the exact phrasing can affect transfer tax classification in some jurisdictions.

Notary Acknowledgement

State-specific acknowledgment block signed before a notary public; many counties require notarized deeds for recordation and a notary seal for acceptance.

Signature Blocks

Signature lines for each grantor with printed name, date, and capacity; if the grantor is an individual, use their exact legal name as shown on ID to satisfy notarization and title requirements.

Essential information required on the deed

Grantor Name: Full legal name
Grantee Name: Full legal name
Legal Description: Lot and block or metes-bounds
Consideration: Exact amount or recital
Notary Block: State-form acknowledgement
Recording County: Name of county

Step-by-step: preparing and recording the deed

A clear sequence helps avoid rejections and ensures the record reflects the divorce settlement accurately.

  • 01
    Gather documents: Collect prior deed, divorce decree, title report, and IDs for parties.
  • 02
    Draft deed: Populate grantor, grantee, legal description, and consideration fields.
  • 03
    Sign before notary: Grantor signs in notary's presence; obtain required seals and witness signatures if applicable.
  • 04
    Record deed: Submit to county recorder with correct fee and return address; keep stamped copy.

Options when completing the deed online

Configure an online workflow that preserves legal formalities while enabling remote preparation and signature collection.

Document Format PDF / DOCX accepted
Authentication Strength Email plus SMS code recommended
Notary Integration Enable RON or schedule in-person notary
Field Controls Lock legal description from edits
Audit Trail Capture IP, timestamp, and signer email

Where the deed goes after signing

After execution and notarization, follow the correct routing to ensure the deed is recorded and parties receive proof of transfer.

  • County Recorder: Primary destination for official recording and indexing.
  • Title / Escrow Company: Provide copy for title updates and lien searches.
  • Lender or Mortgagee: Notify if property has an outstanding mortgage.
  • Parties' Records: Each party should retain stamped recorded copy for tax and legal records.

Digital signing and notarization options

Use an eSignature platform that supports notarization workflows and retains a robust audit trail for legal defensibility.

  • File types: PDF and DOCX supported
  • Notary workflows: Remote Online Notary or in-person
  • Audit & security: Timestamps, IP, TLS and AES encryption

Timing considerations and typical deadlines

Understand recording timing, lender requirements, and any deadlines in the divorce decree to avoid unintended liability or title issues.

Recording urgency:

Record promptly to establish public notice and priority

Lender notice:

Inform mortgagee immediately, per loan terms

Tax year impact:

Effective date may affect property tax or filing

Divorce decree deadlines:

Follow time frames specified in any settlement

County processing:

Allow several business days to weeks for indexing

Key processing milestones from draft to recorded deed

Track these numbered stages to manage responsibilities, signatures, and recording logistics in sequence.

01

Prepare Draft

Draft deed consistent with the settlement and verify legal description

02

Execute and Notarize

Grantor signs before notary; collect any required witness signatures

03

Submit to Recorder

File with county recorder and pay applicable recording fee

04

Confirm Recording

Obtain stamped recorded copy and distribute to parties and title company

Common mistakes to avoid

  • Using an incomplete or incorrect legal description that causes county rejection or title errors.
  • Signing before the notary or using a signature name that does not match the grantor line.
  • Failing to record the deed promptly, leaving public records inconsistent with divorce orders.
  • Neglecting to notify the mortgage lender, which can trigger loan covenant or escrow issues.

Risks and legal consequences of an incorrect deed

Recording Rejection: Possible delay or return of the instrument
Title Defect: Grantee may face title insurance exclusions
Mortgage Default: Lender may object if not notified
Tax Liability: Transfer tax or reporting issues may arise
Divorce Order Violation: Court sanctions if settlement terms unmet
Unresolved Liens: Existing liens remain attached to property

Example scenarios showing common uses

Real examples illustrate how quitclaim deeds resolve ownership after divorce and what parties typically expect from the process.

Case Study 1

A divorcing couple agreed one spouse would keep the home and the other would quitclaim interest

  • The grantor signed a quitclaim deed and notarized it
  • The grantee recorded the deed in the county recorder, notified the lender, and obtained an updated title policy to reflect sole ownership.

Case Study 2

After a property settlement, an ex-wife transferred interest to her ex-husband using a quitclaim deed

  • The deed used the prior deed's legal description and cited the divorce decree
  • County recording updated public records, enabling the ex-husband to refinance in his sole name.

Practical tips for accurate and efficient completion

Follow these best practices to reduce processing time and legal risk when preparing a Quitclaim Deed from Ex-Husband and Ex-Wife.

Use the recorded legal description
Copy the full legal description from the last recorded deed or title report to avoid county rejection and ensure consistent indexing.
Confirm names and capacities
Verify that grantor and grantee names match IDs and prior records; include former names or 'formerly known as' where relevant.
Coordinate with lenders
Notify mortgage holders early; some loans require lender consent or modification before title transfer.
Keep recorded copies
Obtain and distribute stamped recorded copies to all parties, counsel, and title company for future transactions.

Brief pricing and feature comparison for eSignature providers

Compare baseline costs and key features for common eSignature platforms used to prepare and route deeds; signNow is listed first per comparison conventions.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Business Premium) Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA available) Varies by plan Varies by plan Varies by plan Varies by plan
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently asked questions about quitclaim deeds after divorce

Answers to common practical and legal questions when preparing a Quitclaim Deed from Ex-Husband and Ex-Wife.


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