How to File a Quitclaim Deed After Divorce in Georgia

When a Georgia divorce decree awards the marital home to one spouse, the title doesn't transfer automatically. The spouse giving up their interest must sign a quitclaim deed, and that deed must be recorded with the county — along with a mandatory PT-61 Real Estate Transfer Tax Declaration, even though divorce transfers are tax-exempt.

Since January 2025, Georgia requires all self-represented filers to submit deeds electronically. Here's the complete process.

What a Quitclaim Deed Does (and Doesn't Do)

A quitclaim deed transfers whatever ownership interest the grantor has in the property to the grantee. It makes no guarantees about the quality of that interest — unlike a warranty deed, it doesn't promise the title is clear of liens or encumbrances.

For divorce transfers, this is standard. The divorce decree already established who gets the property. The quitclaim deed simply executes that transfer on the public land records.

What it doesn't do: Remove the grantor from the mortgage. If both spouses signed the mortgage, both remain liable to the lender regardless of the quitclaim deed. Removing a name from the mortgage requires a refinance.

Preparing the Quitclaim Deed

The deed must include:

• Exact legal names of both parties as they appear on the current deed and divorce decree
• The full legal description of the property — this is the metes-and-bounds or lot/block description from the original warranty deed, not the street address. A street address alone is legally insufficient for recording.
• Reference to the divorce decree — case number and county where the divorce was finalized
• The grantor's signature witnessed by two people: one unofficial witness and one licensed notary public

Georgia requires two witnesses for real estate deed execution. The notary public counts as one of the two witnesses.

Filing the PT-61 Online

Before the quitclaim deed can be recorded, you must complete the electronic PT-61 Real Estate Transfer Tax Declaration through the GSCCCA (Georgia Superior Court Clerks' Cooperative Authority) eFiling portal.

Property transfers incident to a divorce are completely exempt from Georgia's real estate transfer tax under O.C.G.A. § 48-6-2. You'll select the divorce exemption on the form — no tax is owed. But filing the PT-61 is still a mandatory administrative prerequisite. The clerk will not record the deed without a completed PT-61 on file.

The PT-61 asks for:

• Property location and parcel identification number
• Names of grantor and grantee
• The transfer tax exemption code (divorce/court order)
• Consideration amount (typically $0 or $10 for love and affection in divorce transfers)

After submission, print the PT-61 confirmation page. You'll need it for the next step.

Recording the Deed (Mandatory E-Filing Since January 2025)

Under House Bill 1292 (effective January 1, 2025), all pro se (self-represented) filers must electronically file real estate deeds. County clerks will reject paper deeds submitted in person or by mail by self-filers. Attorneys can still file paper deeds on behalf of clients.

To e-file:

1. Log into the GSCCCA eFiling portal
2. Upload the signed and notarized quitclaim deed as a scanned PDF
3. Attach the PT-61 confirmation
4. Pay the recording fee — a flat $25 per deed, paid online
5. Submit for recording by the Clerk of Superior Court in the county where the property is located

The recorded deed is typically available in the county's public records within 5 to 10 business days.

Total Cost

If you hire an attorney to prepare and file the deed, expect $200–$500 depending on the firm.

What If Your Ex Won't Sign?

If the divorce decree orders your ex-spouse to execute the quitclaim deed and they refuse, you have two options:

1. File a Petition for Citation of Contempt in the Superior Court that issued the decree. The court can hold the non-compliant spouse in contempt, impose fines, and order compliance.
2. Request the court to appoint a special master or commissioner to execute the deed on the non-compliant spouse's behalf. Georgia courts have the equitable authority to transfer title when a party refuses to comply with a court order.

Document every request you've made and every refusal. The court will want a clear paper trail showing your ex-spouse had adequate notice and opportunity to comply.

The Georgia Post-Divorce Guide includes a real estate transfer checklist covering quitclaim deed preparation, PT-61 filing, GSCCCA e-filing, and mortgage refinance coordination — with step-by-step instructions for each stage.

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