Quitclaim Deed After Divorce in Arizona: How to Transfer the House

Your divorce decree says the house goes to one spouse. But the deed still shows both names, and the mortgage company doesn't read divorce decrees. Transferring the house requires two separate actions: a quitclaim deed to change ownership and a mortgage refinance to change financial liability.

Most people do the deed first and the refinance second — but you need both to fully separate.

How to Draft the Quitclaim Deed

A quitclaim deed transfers one spouse's (the grantor's) community property interest to the other spouse (the grantee). It's the standard instrument for divorce-related real estate transfers in Arizona.

The deed must include:

• Full legal description of the property — this must match the description on the most recent recorded deed. Don't use the street address alone; you need the lot, block, subdivision, and county recorder reference.
• The tax exemption notation — write "A.R.S. § 11-1134 A5" on the face of the deed, directly below the legal description. This exemption code identifies the transfer as a court-ordered divorce conveyance.

The grantor must sign the deed before a licensed notary public. The grantee does not need to sign.

The A5 Tax Exemption

Under A.R.S. § 11-1133, all real estate transfers in Arizona must be accompanied by a completed Affidavit of Property Value and a $2 filing fee. But transfers resulting from a divorce decree are exempt under Exemption Code A5 — defined as "a conveyance recorded to satisfy a court order."

When you write "A.R.S. § 11-1134 A5" on the deed, the County Recorder accepts and records it without requiring the Affidavit of Property Value or the $2 fee. Without this notation, the recorder's office may reject the filing or require the affidavit, which means disclosing transaction details that aren't relevant to a divorce transfer.

Recording the Deed

Take the notarized quitclaim deed to the County Recorder's Office in the county where the property is located. The standard flat recording fee is $30 per document in Maricopa County; other counties charge similar amounts.

Once recorded, the deed is part of the public record and the ownership transfer is complete. The recorder's office will return a conformed copy with the recording stamp.

The Mortgage Problem

Recording the quitclaim deed changes who owns the house. It does not change who owes the mortgage. If both spouses are on the loan, both remain financially liable to the lender — regardless of what the deed or divorce decree says.

The spouse keeping the house must refinance the mortgage into a new, individual loan. Until that happens:

• The departing spouse's credit report still shows the mortgage
• If the retaining spouse misses payments, both credit scores suffer
• The departing spouse may have difficulty qualifying for their own mortgage because they appear to carry the existing debt

Under A.R.S. § 25-318(M), any modification of repayment responsibility for community debt secured by real property must include the full legal description, a copy of the note and mortgage, and a written, notarized acknowledgment signed by all parties including the lender. This agreement must be recorded with the County Recorder.

What If Your Ex Won't Sign the Deed?

If your decree orders the transfer and your ex-spouse refuses to sign the quitclaim deed, you have two options:

1. File a Petition to Enforce under Arizona Rules of Family Law Procedure Rule 91, asking the court to order compliance
2. If the court finds willful refusal, the judge can sign the deed on your ex's behalf — the court has the authority to execute documents when a party defies a direct court order

The Arizona After-Divorce Checklist includes a real estate transfer guide with deed drafting instructions, the exact exemption code language, and a refinancing timeline tracker.

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