Quitclaim Deed in Divorce: What if Your Ex Won't Sign?

Deed basics

If your ex-spouse refuses to sign a quitclaim deed, you can file a motion with the court to enforce your divorce judgment. The judge can hold your ex in contempt or issue a court order that transfers the property without their signature.

Before diving into that process, here are a few key terms to know.

• Deed: A legal document that transfers ownership of real property.
• Grantor (or transferor): The person transferring their interest in real property.
• Grantee (or transferee): The person receiving an interest in real property is transferred.
• Quitclaim deed: A deed that transfers title without guaranteeing the seller's ownership. These are commonly used in divorce when ownership is already established. (Note: The proper term is "quitclaim deed," not "quick claim deed.")

Removing a spouse from a deed after divorce

Part of a divorce judgment is the division of property between the spouses.

If any of that property is real estate that is held by both parties, it will be necessary for the spouse who is not awarded the property to sign a quitclaim deed transferring his or her interest to the spouse who is awarded the property.

Your divorce judgment

Your divorce judgment will either outline the property division or incorporate a settlement agreement. It may or may not specifically order your ex-spouse to sign a quitclaim deed.

Often, judgments include general language requiring each party to take necessary actions to carry out property division—this covers quitclaim deeds. Even if your judgment is silent on this point, the obligation to transfer title is often implied.

How to get a court to order your ex-spouse to sign quitclaim deed

If your former spouse won't sign a quitclaim deed for property awarded to you, it will be necessary to go back to court to ask the judge to enforce the judgment, with a court-ordered quitclaim deed. Generally, the judge will have two ways of doing this:

• Find your ex-spouse in contempt of court, and sentence him or her to jail until a quitclaim deed is signed; or
• Issue a court order that transfers the property, which takes the place of a quitclaim deed.

Which method is used by the court will depend upon the law and common practice of the courts in your state.

Court procedures

Although the specifics vary from state to state, some type of court document will need to be filed to bring the matter back before the judge. Typically, this will be called a Motion to Enforce Divorce Judgment, a Petition to Compel Quitclaim Deed, a Motion for Order to Show Cause (why your ex-spouse shouldn't be held in contempt of court for failing to comply with the judgment), or something similar.

Here's an overview of the process.

• File your motion: Submit it to the court that handled your divorce.
• Schedule a hearing: The court will set a date to appear before the judge.
• Notify your ex-spouse: Send copies of the papers and hearing notice to your ex (or their attorney).

Be sure to bring the unsigned quitclaim deed to court with you. At the hearing, the judge will need to find that:

• You were awarded the property in the divorce judgment;
• Your spouse has been presented with a quitclaim deed to transfer the property to you; and
• Your spouse has not signed the deed.

The judge will probably order your ex-spouse to sign the quitclaim deed in court, and will give your ex-spouse an opportunity to explain why the deed was not signed.

Possible outcomes

You can expect one of three possible outcomes on the way to filing the quitclaim deed:

• Your spouse signs the deed. Then you'll need to file it with the appropriate agency (most often the county clerk or property recorder).
• The judge makes a finding of contempt of court. Your ex-spouse will sit in jail until he or she signs the deed. Once the deed is signed, file it.
• Your ex-spouse refuses to sign the deed even under a contempt finding and the court issues a court order for the transfer of the property. This order can then be filed with the appropriate agency instead of a quitclaim deed.

Quitclaim deed refusal FAQs

What can I do if my ex-spouse refuses to sign a quitclaim deed after our divorce?

You can go back to your same divorce court and ask the judge to force your ex-spouse to sign the deed. The judge can hold your ex-spouse in contempt of court, which means they could face fines or even jail time until they sign the deed. If your ex-spouse still refuses to sign even after being held in contempt, the judge can issue a special court order that transfers the property directly to you without needing your ex-spouse's signature.

How do I start the legal process to force my ex-spouse to sign the quitclaim deed?

You need to file a motion with the court that handled your divorce asking them to enforce the original divorce judgment. This motion has different names depending on where you live, like "Motion to Enforce Divorce Judgment" or "Petition to Compel Quitclaim Deed. Bring your divorce papers, the unsigned deed, and any evidence of refusal to the scheduled hearing.

What happens at the court hearing when I ask the judge to enforce the quitclaim deed?

At the hearing, you'll need to prove the property was awarded to you, that you presented the deed, and that your ex refused to sign. If the judge agrees, they'll order your ex to sign in court or issue an order transferring the property directly.

Can my ex-spouse be sent to jail for refusing to sign a quitclaim deed?

Yes, your ex-spouse can be jailed for refusing to sign a quitclaim deed if the court finds them in contempt. This happens when the judge determines that your ex-spouse is willfully ignoring a court order without a valid legal reason. They would typically stay in jail until they agree to sign the deed. However, if your ex-spouse continues to refuse even while facing jail time, the judge can use other methods to transfer the property to you without needing their signature.

Will signing a quitclaim deed remove my ex-spouse from the mortgage on our house?

No, signing a quitclaim deed does not remove your ex-spouse from the mortgage or any other loans on the property. The quitclaim deed transfers ownership of the house itself, but it doesn't change who owes money to the bank. Both you and your ex-spouse will still be responsible for paying the mortgage even after the deed is signed. If you want to remove your ex-spouse from the mortgage, you'll need to refinance the loan in your name only, which requires qualifying for the new loan on your own income and credit.

Can my ex-spouse challenge a quitclaim deed after they've already signed it?

Yes, your ex-spouse can try to challenge a quitclaim deed even after signing it, but there must be a valid legal reason. These reasons include claiming they were forced to sign it under pressure, saying they weren't mentally sound, or alleging that someone forged their signature. These challenges are difficult to prove and require strong evidence, so if you're worried about a future challenge, keep records of all your communications and make sure the signing happens in front of witnesses or a notary.

How long does it typically take to resolve a quitclaim deed refusal through the courts?

Resolution of a quitclaim deed refusal can take several months, depending on your court's schedule and how your ex-spouse responds. It usually takes 2-4 weeks from filing your motion to get a hearing date. If your ex-spouse shows up to court and the judge orders them to sign the deed immediately, the process could be resolved same-day. However, if your ex-spouse doesn't appear in court or continues to refuse after being held in contempt, it may take additional hearings and several more weeks before the judge issues a court order transferring the property directly to you.