Post-Divorce — First 30 Days
Deed Transfer Guide
How to transfer or quitclaim real property title in Utah after your divorce decree is signed.
Do You Need to Transfer the Deed?
If one spouse is keeping the home, yes — a deed transfer is required. Your divorce decree divides the property as a legal matter between the two of you, but it does not automatically change the title on public record. The county recorder still shows both names until a new deed is recorded.
Important: Until the deed is re-recorded in the correct name(s), both parties remain on title. This affects refinancing, selling, and estate planning.
Quitclaim Deed vs. Warranty Deed
Quitclaim DeedMost common in divorce
Warranty DeedRarely used in divorce
A quitclaim deed transfers whatever interest the grantor (spouse giving up the property) has — with no guarantees about title condition. In divorce, this is standard because both parties already know the property history. A warranty deed comes with promises about clear title and is more appropriate in arm's-length sales.
Step-by-Step Process
1.Draft the quitclaim deed
Use an attorney or a reputable online deed service. Cost is typically $50–$200. The deed must include the legal property description (found on your existing deed or county records).
2.Both parties sign before a notary
The grantor (person transferring their interest) must sign in front of a notary public. Utah requires notarization for a deed to be recorded.
3.Record the deed with the county recorder
File in the county where the property is located — not where you live. Most Utah county recorders accept walk-in, mail, or e-recording submissions.
4.Pay the recording fee
Filing fees in Utah are typically $30–$50 per document. You'll receive a stamped, recorded copy back for your records.
The Mortgage Problem
A deed transfer does NOT remove you from the mortgage. Your name stays on the loan — and your credit — until the mortgage is refinanced or paid off. The lender must agree to any change.
If your decree awards the home to your spouse but the mortgage stays in both names, you remain liable if they stop paying. The only way to remove yourself from the loan is refinancing into your spouse's name alone — which requires them to qualify on their own income. Coordinate the deed transfer and refinance so both happen in the correct sequence.
Timeline
Target completionWithin 30 days of decree
Deed drafting1–3 days
NotarizationSame day
County recordingSame day to 2 weeks
Do not delay. Delaying makes it harder to track down the other spouse for signatures and can complicate refinancing, selling, or estate planning.
Tax Considerations
No gain recognized at transfer. Under IRC § 1041, transfers of property between spouses incident to divorce are not taxable events. You do not owe capital gains tax when transferring the home as part of your divorce settlement.
However, the receiving spouse takes the property at the carryover basis — the same cost basis the transferring spouse had. When the home is eventually sold, the receiving spouse may owe capital gains tax based on that original basis. Consult a tax advisor about the long-term implications before agreeing to keep the home.
Utah County Recorder Offices
Salt Lake County Recorder~$30/doc
Utah County Recorder~$30/doc
Davis County Recorder~$35/doc
Weber County Recorder~$30/doc
Washington County Recorder~$40/doc
Cache County Recorder~$30/doc
File in the county where the property is located. Call ahead to confirm current fees and whether e-recording is available. Fees are subject to change.
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