How to File a Quitclaim Deed After Divorce in Rhode Island

When a Rhode Island divorce decree awards the marital home to one spouse, the other spouse's name doesn't automatically come off the deed. Executing and recording a quitclaim deed is a separate step — and in Rhode Island, the details of where and how you record it determine whether you pay $84 or thousands of dollars in conveyance taxes.

What a Quitclaim Deed Does

A quitclaim deed transfers one party's ownership interest in the property to the other without any warranty of title. In a divorce context, the spouse giving up the home signs over their interest to the spouse keeping it. This aligns the legal title with the court's property division order under R.I. Gen. Laws § 15-5-16.1.

A quitclaim deed does not affect the mortgage. Both names stay on the loan until it's refinanced or paid off. More on that below.

Where to Record

Rhode Island doesn't have a centralized recording office. The deed must be recorded at the Land Evidence Records Office in the city or town where the property is physically located — and Rhode Island has 39 separate municipalities, each with its own office.

The property's physical address determines jurisdiction, not where the divorce was filed or where you currently live.

Fees and the Conveyance Tax Exemption

Recording fee: $84 for the first page, plus $1 per additional page. This includes the $80 base fee and the mandatory $4 Rhode Island Historical Records Trust surcharge under R.I. Gen. Laws § 34-13-7 and § 42-8.1-20.

Conveyance tax: Rhode Island normally charges $4.60 per $1,000 of property value. For properties valued above $800,000, an additional mansion surcharge applies, bringing the rate to $9.60 per $1,000 on the portion above that threshold.

The exemption: Transfers incident to divorce are exempt from the conveyance tax under R.I. Gen. Laws § 44-25-2. But you must include this exact language on the face of the deed:

"Exempt from Rhode Island Real Estate Conveyance Tax pursuant to R.I. Gen. Laws § 44-25-2 (transfer incident to divorce)."

Without this printed statement, the town clerk will refuse to record the deed unless you purchase tax stamps. On a $400,000 home, that's $1,840 you didn't need to pay.

Steps to Record

1. Prepare the quitclaim deed (or have an attorney draft it)
2. Include the § 44-25-2 exemption statement on the deed's face
3. The transferring spouse signs the deed — notarization is required
4. Bring the signed deed and a certified copy of the divorce decree to the local Land Evidence Records Office
5. Pay the $84 recording fee
6. Obtain a recorded copy for your records

The Mortgage Is a Separate Problem

Recording a quitclaim deed removes your ex from the title, but both names remain on the mortgage. Lenders are not bound by divorce decrees. If the spouse keeping the home stops making payments, the lender can pursue both parties.

The standard approach: the spouse keeping the home refinances in their name alone, which pays off the joint mortgage and releases the other spouse's liability. If refinancing isn't possible, both parties remain on the hook.

Execute the quitclaim deed after the refinance closes — not before. Signing over title while your name is still on the mortgage leaves you liable for a property you no longer own.

The Rhode Island After-Divorce Checklist includes a real estate transfer checklist covering quitclaim deed preparation, exemption language, and a directory of all 39 municipal recording offices.

See more Rhode Island guides →