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

When a Maine divorce decree awards the marital home to one spouse, the decree itself doesn't transfer legal title. You need to execute and record a deed at the county Registry of Deeds to make the ownership change official in the public land records.

Choosing the Right Deed Type

Maine recognizes two types of quitclaim deeds, and using the wrong one can create title problems years later:

Quitclaim deed with covenant (33 M.R.S. § 765): The grantor (the spouse giving up the property) warrants that they haven't created any claims against the title themselves. This is the standard transfer instrument in Maine real estate and provides a limited guarantee.

Release deed / quitclaim without covenant (33 M.R.S. § 161): Conveys only whatever interest the grantor currently holds — with absolutely no warranties. Commonly used in divorce when the transferring spouse is simply relinquishing their marital interest and no title guarantees are needed.

For most divorce transfers, either deed works. If there's any question about potential liens or encumbrances created during the marriage, the deed with covenant offers more protection to the receiving spouse.

The Spousal Joinder Requirement

Even if only one spouse's name is on the existing title, Maine law recognizes that the other spouse may hold descent and elective share rights in marital real estate. To prevent title defects, the non-owner spouse should join the deed and release all rights under 33 M.R.S. § 772-A.

The standard release language: "[Spouse's Name], spouse of said Grantor, joins as Grantor and releases all rights by descent and all other rights."

Recording the Deed

To be legally effective, the deed must be:

• Signed by both parties with names typed or printed below the signature line
• Notarized by a licensed Notary Public, a Maine attorney, or a clerk of a court of record (33 M.R.S. § 203)
• Filed at the Registry of Deeds in the county where the property is located

Recording fees under 33 M.R.S. § 751: $19 for the first page, $2 for each additional page, plus a $3 county surcharge. If more than four names are indexed, add $1 per additional name.

Claiming the Transfer Tax Exemption

Maine's Real Estate Transfer Tax (RETT) normally applies at $2.20 per $500 of property value — on a $250,000 home, that's $1,100 in tax. But under 36 M.R.S. § 4641-C(4), transfers between spouses in divorce proceedings are completely exempt.

To claim the exemption:

1. Complete a Real Estate Transfer Tax Declaration (Form RETTD) — required with every deed, even when no tax is due
2. Cite the specific statutory exemption: 36 M.R.S. § 4641-C(4) (deeds between spouses in divorce proceedings)
3. Submit the RETTD with the deed to the county Register of Deeds

The county clerk will record the transfer and forward the RETTD to Maine Revenue Services within 40 days. No transfer tax is collected.

The Mortgage Is a Separate Problem

A critical distinction: a quitclaim deed transfers ownership, but it does not remove anyone from the mortgage. The mortgage is a contract between the borrowers and the lender, and the lender is not bound by your divorce decree.

To actually remove an ex-spouse from the mortgage, you typically need to either:

• Refinance into a sole mortgage in the receiving spouse's name
• Get a formal assumption approved by the lender (rare for residential mortgages)
• Sell the property and pay off the existing mortgage

Until the mortgage is addressed, both spouses remain jointly liable for the payments — regardless of what the divorce decree says about who keeps the house. Update your homeowners insurance policy to reflect the sole owner and remove the departing spouse.

The Maine After-Divorce Checklist includes a real estate transfer walkthrough with the exact recording steps and exemption forms.

See more Maine guides →