Quitclaim Deed After Divorce in Connecticut

When your Connecticut divorce decree awards the marital home to one spouse, the other spouse must sign a quitclaim deed to transfer their ownership interest. The deed itself is straightforward — but Connecticut's conveyance tax return and recording requirements create filing traps that cost people money and time.

Here is how to prepare, file, and record the deed correctly.

What a Quitclaim Deed Does (and Does Not Do)

A quitclaim deed transfers whatever ownership interest the grantor has in the property to the grantee. It does not guarantee clear title, and it does not affect the mortgage. If both spouses are on the mortgage note, both remain liable regardless of who holds the deed.

This is why the quitclaim deed should be coordinated with a mortgage refinance — the departing spouse's attorney should hold the signed deed in escrow until the retaining spouse closes on a new individual mortgage.

The Conveyance Tax Exemption

Under CGS § 12-498, real estate transfers between divorcing spouses are exempt from Connecticut's real estate conveyance tax. Without this exemption, the standard state conveyance tax is 0.75% of the sale price (with an additional municipal rate of 0.25%).

To claim the exemption, you must file Form OP-236 (Connecticut Real Estate Conveyance Tax Return) alongside the deed. The critical detail is the exemption code:

• Exemption Code 14: The deed is executed between spouses while the marriage is still legally intact (before the final decree)
• Exemption Code 09: The deed is executed after the final dissolution decree, pursuant to a court order under CGS § 46b-81

If you use Code 09, you must enter the exact statutory citation "C.G.S. § 46b-81" on Line 14 of the return. Using the wrong code or omitting the citation can trigger a tax assessment.

If your municipality participates in e-filing, you can submit Form OP-236 electronically through the myCTREC portal.

Recording the Deed

Bring the notarized quitclaim deed and the completed Form OP-236 to the Town Clerk in the municipality where the property is located. Recording fees:

• $70 for the first page
• $5 for each additional page
• $2 conveyance surcharge if the transaction value exceeds $2,000
• $160 flat fee if MERS is a nominee party on the document

The deed must be signed by the grantor and notarized. Connecticut does not require witnesses on a quitclaim deed, but some town clerks may ask for them — check with your local office.

Common Filing Mistakes

Recording before the refinance closes. If you record the deed while the joint mortgage is still active, you have transferred ownership without eliminating the departing spouse's debt liability. The departing spouse remains on the hook for every payment.

Using the wrong exemption code. Code 14 applies only to transfers during the marriage. If your decree has already been entered, you must use Code 09. Filing with the wrong code can result in the town clerk rejecting the filing or assessing the full conveyance tax.

Forgetting Form OP-236. The Town Clerk will not record the deed without the accompanying tax return. Even though the transfer is tax-exempt, the return must be filed.

If Your Ex-Spouse Refuses to Sign

If the quitclaim deed was ordered as part of your divorce judgment and your ex-spouse refuses to execute it, you have legal remedies:

• File a Motion for Contempt in the issuing Superior Court under CGS § 46b-87
• The court can appoint a third party (such as a court-appointed committee) to sign the deed on behalf of the non-compliant spouse
• The court can also impose sanctions including attorney's fees, asset seizure, and license suspension

Do not wait — the longer you delay enforcement, the more complicated the property situation becomes.

The Connecticut After-Divorce Checklist includes a quitclaim deed guide with the exact recording sequence, Form OP-236 instructions, and a timeline for coordinating the deed with your mortgage refinance.

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