Quitclaim Deed After Divorce in Nevada: How to Transfer Property

When a Nevada divorce decree awards real property to one spouse, the decree itself does not transfer the title. It is a court order — it tells the parties what must happen. The actual transfer of ownership requires a separate legal instrument recorded with the county recorder's office: a Quitclaim Deed.

If you are the spouse keeping the property, you need a signed quitclaim deed in your records. If you are the spouse giving up the property, you need to sign one — and you want documentation proving you did. Either way, understanding how this works in Nevada protects you.

What a Quitclaim Deed Does

A quitclaim deed transfers whatever interest the grantor (the person signing) has in a property to the grantee (the person receiving it), without making any warranties about the title. Unlike a warranty deed, which guarantees the title is clear, a quitclaim deed simply says: whatever rights I have in this property, I am transferring them to you.

In a divorce context, this is standard. Both spouses own a community property interest in the marital home. The divorce decree assigns that interest to one party. The quitclaim deed is the legal document that makes the transfer happen on the public record.

What You Need to Prepare the Deed

A Nevada quitclaim deed must include:

• The grantor's full legal name (the spouse transferring the interest)
• The grantee's full legal name (the spouse receiving it)
• The complete legal description of the property — not just the street address. The legal description appears on the current deed and includes lot number, block, subdivision name, and county. You can find it on your existing deed or by searching the county recorder's online records.
• The Assessor's Parcel Number (APN)
• The address of the property
• Consideration — for divorce transfers, this is typically stated as "for natural love and affection and other good and valuable consideration"

The grantor must sign the deed in front of a notary public. In Nevada, the grantee's signature is not required on a quitclaim deed, but many attorneys recommend both parties sign to avoid later disputes.

Recording the Deed: Clark County vs. Washoe County

The deed must be recorded with the county recorder in the county where the property is located. For Las Vegas and surrounding areas, that is the Clark County Recorder. For Reno and northern Nevada, that is the Washoe County Recorder.

You must also file a Declaration of Value form alongside the deed. The Declaration of Value is what the county uses to calculate any applicable transfer tax — and it is also how you claim the exemption that eliminates that tax for divorce-related transfers.

The Transfer Tax Exemption You Cannot Afford to Miss

Nevada imposes a Real Property Transfer Tax (RPTT) under NRS Chapter 375 on most real estate transfers. The rates are:

• Clark County: $2.55 per $500 of value
• Washoe County: $2.05 per $500 of value
• All other counties: $1.95 per $500 of value

On a $400,000 home in Clark County, that would be $2,040. On a $600,000 home, it would be $3,060.

However, NRS 375.090(6) explicitly exempts transfers between former spouses made in compliance with a divorce decree. You do not owe the transfer tax — but you must affirmatively claim the exemption on the Declaration of Value form.

How to claim Exemption 6: On the Declaration of Value form, in the exemption field, write: Exemption 6 In the reason field, write: "A transfer of title between former spouses in compliance with a decree of divorce." Bring a certified copy of your divorce decree to the Recorder's office to support the exemption claim.

If you submit the deed without claiming the exemption, the Recorder will assess the RPTT. The exemption must be claimed at the time of recording — there is no retroactive correction process that is simple or free.

The Relationship Between the Deed and the Mortgage

A quitclaim deed transfers ownership. It does nothing about the mortgage. If both spouses are on the mortgage loan, the non-retaining spouse remains legally liable for that debt even after signing the quitclaim deed.

The two steps must happen in parallel, not sequentially:

1. The retaining spouse must refinance the mortgage into their name alone (or assume the loan with lender approval)
2. The non-retaining spouse must sign and record the quitclaim deed

Signing the quitclaim deed without securing the mortgage refinance leaves the non-retaining spouse with no property interest but full loan liability — which is the worst possible position. If this describes your situation, read more about how to handle the mortgage piece before signing anything.

What If Your Ex Refuses to Sign the Deed?

If your ex-spouse refuses to sign the quitclaim deed despite what the decree requires, file a Motion to Enforce the Decree with the Nevada District Court that issued the divorce. Under NRS 125.240, a court can hold a non-complying party in contempt, award attorney fees, and in some cases authorize the court itself to execute the deed on behalf of the non-cooperating party.

Do not wait indefinitely for cooperation that is not coming. Every month the property title remains in both names is a month of shared liability and unresolved paperwork.

Getting Professional Help

Quitclaim deeds are relatively straightforward legal documents, and blank forms are available from legal document services. However, the legal description must be exact — even minor errors can cloud the title and complicate future sales. Many Nevada family law attorneys offer quitclaim deed preparation as a flat-fee service, typically $150 to $300.

For the complete picture of how property transfers fit into the full post-divorce administrative process — including mortgage refinancing timelines, title company involvement, and what goes in what order — the Nevada After-Divorce Checklist covers it in detail.

See more Nevada guides →