Quitclaim Deed After Divorce in Pennsylvania

If your divorce decree awards the marital home to one spouse, the deed does not update itself. You need to execute and record a new deed — typically a quitclaim deed — to remove the other spouse from the title. Here is exactly how the process works in Pennsylvania, what forms you need, and how to claim the transfer tax exemption.

What a Quitclaim Deed Does (and Does Not Do)

A quitclaim deed transfers whatever ownership interest the grantor (the spouse giving up the property) has in the real estate to the grantee (the spouse keeping it). It does not guarantee clear title — it simply transfers whatever rights exist.

Critical limitation: A quitclaim deed removes the ex-spouse from the property title, but it does not remove them from the mortgage. If both names are on the mortgage note, the transferring spouse remains financially liable for the loan even after signing the deed. The retaining spouse must refinance into their sole name to achieve full separation.

The Transfer Tax Exemption

Pennsylvania imposes a Realty Transfer Tax on property transfers. The state rate is 1%, and local municipalities and school districts add their own — bringing the total to between 2% and 5% of the property's computed value depending on the county (Pittsburgh charges 5%, while many suburban counties are around 2%).

Transfers between former spouses are exempt from this tax under 72 P.S. § 8102-C.3(6), provided the property was acquired before the final divorce decree was granted. This exemption can save thousands of dollars on a typical home transfer.

To claim the exemption, you must cite the statutory authority on Form REV-183.

What You Need to Record the Deed

Gather the following before visiting the county Recorder of Deeds:

The signed, notarized quitclaim deed. Both parties' signatures must be notarized. The deed must include the full legal description of the property (copied from the existing deed — do not paraphrase it).

Form REV-183 (Realty Transfer Tax Statement of Value). This form is required whenever the deed lists nominal consideration (like $1.00) or when a tax exemption is claimed. File it in duplicate. On the exemption line, cite "72 P.S. § 8102-C.3(6) — transfer between parties to a divorce."

Certificate of Residence. This certifies the grantee's current address for tax purposes.

Recording fee. Base recording fees vary by county — typically $80 to $120 depending on page count and local surcharges.

Self-addressed stamped envelope. Some county recorders require this for mailing back the recorded deed.

Should You Keep or Sell the House?

This is a financial decision, not a legal one. Consider three factors:

Can the retaining spouse qualify for refinancing alone? Lenders evaluate the individual's income, debt-to-income ratio, and credit score. If the retaining spouse cannot qualify for a mortgage on a single income, keeping the house may not be viable.

What are the carrying costs? Mortgage payments, property taxes, insurance, and maintenance on a single income may stretch the budget thin. Run the numbers against your post-divorce budget before committing.

Capital gains tax implications. If you sell, the IRS Section 121 exclusion lets a single filer exclude up to $250,000 in capital gains (compared to $500,000 for married filing jointly). If the home has appreciated significantly during the marriage, the reduced exclusion may create a tax liability. Keep records of capital improvements — they increase your cost basis and reduce the taxable gain.

The Recording Process Step by Step

1. Have an attorney or title company prepare the quitclaim deed using the property's existing legal description
2. Both parties sign the deed before a notary public
3. Complete Form REV-183 in duplicate, citing the divorce transfer tax exemption
4. Complete the Certificate of Residence
5. Bring all documents to the county Recorder of Deeds, pay the recording fee, and file
6. The recorded deed is returned by mail (typically within two to four weeks)

Most counties recommend completing the deed transfer within 60 to 90 days of the final decree. Delay creates complications — the ex-spouse's creditors could potentially attach a lien to their ownership interest, or an ex-spouse's death could trigger probate issues with the property.

The Pennsylvania After-Divorce Checklist includes a real estate transfer tracker with the specific forms, fees, and recording requirements for PA counties.

See more Pennsylvania guides →