Quitclaim Deed After Divorce in Washington

What a Quitclaim Deed Does — and What It Doesn't

A quitclaim deed transfers one spouse's ownership interest in a property to the other. Once recorded, the title shows only the retaining spouse's name. It's the standard mechanism for executing a divorce decree's property award.

What it doesn't do: remove the transferring spouse from the mortgage. The deed changes the title (ownership). The promissory note (debt) is a separate contract between you and the lender. Both spouses remain liable on the mortgage until it's refinanced or paid off. This is the single most misunderstood aspect of post-divorce property transfers.

The REET Exemption Saves You Thousands

Washington charges a graduated Real Estate Excise Tax on property transfers. On a $500,000 home, that's roughly $5,000–$8,000 in tax. But divorce transfers are fully exempt under WAC 458-61A-203(2).

To claim the exemption, you file a Real Estate Excise Tax Affidavit (Form REV 84 0001A) with the County Treasurer, citing the specific divorce exemption code. You'll need your certified divorce decree showing the property award. The exemption also covers a refinance that occurs within six months of the title transfer, as long as the refinance was required by the decree.

Step-by-Step Recording Process

1. Draft the quitclaim deed. The deed must contain the phrase "conveys and quitclaims," include a complete legal description of the property (not just the address), and have a 3-inch top margin on the first page. The transferring spouse signs in front of a notary.

2. Complete the REET Affidavit. Fill out Form REV 84 0001A, citing WAC 458-61A-203(2) as the exemption basis. Take this plus your certified decree to the County Treasurer's office for approval.

3. Present the divorce decree. The County Treasurer will stamp the affidavit after verifying the property award in your decree.

4. Record the deed. Submit the processed quitclaim deed and stamped REET Affidavit to the County Auditor's Recording Department. Recording fees vary by county — typically $100–$300 plus per-page charges for additional pages.

The Mortgage Problem

If the home has an existing mortgage, the retaining spouse has two real options to release the transferring spouse from the debt:

Refinance into the retaining spouse's name alone. This is the standard path. The retaining spouse must qualify independently — income, credit score, and debt-to-income ratio all factor in.

Loan assumption is theoretically possible but rare. Most conventional mortgages include a due-on-sale clause that triggers when title changes. In practice, lenders seldom offer assumptions.

Until the mortgage is refinanced, both names stay on the loan regardless of what the quitclaim deed says. Late payments by the retaining spouse damage the transferring spouse's credit, and the lender can pursue either party.

Don't Wait Too Long

While there's no statutory deadline for recording a quitclaim deed in Washington (unlike the 15-day vehicle transfer rule), delays create real risks. If the transferring spouse takes on new debts, a creditor could place a lien on property that's still in their name. If either spouse dies before the deed is recorded, the surviving spouse or estate may face probate complications.

Record the deed as soon as the 30-day appeal window closes.

The Washington After-Divorce Checklist includes a real estate transfer tracker with every form, fee, and recording step organized in the correct sequence.

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