Paulette Hamilton | August 10, 2026 | Divorce
If you are getting divorced in Florida and your settlement requires one spouse to keep the marital home, you may be wondering whether you need to file a quitclaim deed. While a divorce judgment determines who is entitled to the property, it does not automatically change the property’s legal title. In many cases, an additional step is necessary to transfer ownership.
Understanding how quitclaim deeds work can help you avoid future disputes and ensure your property records accurately reflect the terms of your divorce.
What Is a Quitclaim Deed?
A quitclaim deed is a legal document used to transfer one person’s ownership interest in real estate to another. Unlike a warranty deed, a quitclaim deed does not guarantee that the person transferring the property has a clear title. Instead, it simply transfers whatever ownership interest they have.
In many Florida divorces, a quitclaim deed is used when one spouse agrees to give up their ownership interest in the marital home as part of the divorce settlement.
Filing the deed helps ensure that public property records accurately reflect the new ownership arrangement.
Does a Florida Divorce Automatically Remove My Ex-Spouse From the Deed?
No. A final judgment of dissolution of marriage determines each spouse’s rights to the property, but it generally does not remove a person’s name from the property’s title.
If the divorce agreement awards the home to one spouse, the other spouse may still appear on the deed until a new deed is properly prepared, signed, and recorded.
For this reason, many divorce settlements require the spouse transferring ownership to sign a quitclaim deed after the divorce is finalized.
When Is a Quitclaim Deed Commonly Used?
A quitclaim deed is often appropriate when both spouses agree that one person will keep the marital home.
This commonly occurs when:
- One spouse buys out the other’s interest in the property
- One spouse refinances the mortgage into their own name
- The marital settlement agreement awards the home to one spouse
- The spouses need to complete the property transfer after the divorce
Properly recording the deed helps complete the transfer of ownership and reduces the risk of future title disputes.
Does a Quitclaim Deed Remove Me From the Mortgage?
No. This is one of the most common misunderstandings after a divorce.
A quitclaim deed transfers ownership rights, but it does not remove your legal responsibility for a mortgage loan. If your name remains on the mortgage, the lender may still hold you responsible for the debt, even if you no longer own the property.
For that reason, many divorce agreements require the spouse keeping the home to refinance the mortgage in their own name whenever possible.
Understanding the difference between the deed and the mortgage is an important part of protecting your financial future.
What Happens if a Quitclaim Deed Is Never Filed?
Failing to record a quitclaim deed can create problems long after a divorce is finalized.
For example, the former spouse may still appear in public property records as an owner. This can create confusion if the property is later sold, refinanced, or transferred to someone else.
An unrecorded ownership interest may also complicate future title searches and real estate transactions. Taking care of the property transfer promptly can help avoid these issues.
How Can a Divorce Attorney Help?
Property division often involves more than deciding who receives the marital home. The legal documents must also be prepared correctly to carry out the terms of the divorce.
A divorce attorney can help by:
- Reviewing your marital settlement agreement
- Explaining whether a quitclaim deed is appropriate
- Preparing or reviewing the necessary documents
- Helping ensure that property transfers comply with Florida law
- Addressing issues involving refinancing or other property concerns
Proper legal guidance can help reduce the risk of costly mistakes during the property transfer process.
Contact the Orlando Divorce Attorneys at Law Office Of Paulette Hamilton Divorce Lawyers for Help Today
If your Florida divorce involves the marital home, understanding whether a quitclaim deed is necessary is an important step toward protecting your property rights. Ensuring that ownership is transferred correctly can help prevent future legal and financial complications.
For more information, please contact the Law Office Of Paulette Hamilton Divorce Lawyers in Orlando, FL for a confidential consultation with our experienced Orlando divorce lawyers.
Law Office Of Paulette Hamilton Divorce Lawyers – Orlando
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About the Author
Paulette F. Hamilton is the owner and managing attorney at the Law Office Of Paulette Hamilton Divorce Lawyers in Orlando, Florida. She focuses exclusively on family law, handling complex matters involving divorce, child custody, child support, alimony, and property division. Known for her personalized, client-first approach, Paulette takes the time to understand each client’s unique goals and challenges—delivering thoughtful guidance and strong advocacy when it matters most.
