How do I use a quitclaim deed to put the home only in my name after a divorce? – South Carolina

Short Answer

In South Carolina, a quitclaim deed can transfer a former spouse’s ownership interest in a home to the other former spouse after a divorce, but the deed must be properly signed, witnessed, and recorded in the county where the property is located. The deed changes title, not the mortgage, so a former spouse may still remain on the loan unless the lender separately approves a refinance or release. Recording also usually requires a deed affidavit, even when the transfer is exempt from the deed recording fee.

Understanding the Problem

In South Carolina, the question is whether a former spouse can transfer that former spouse’s ownership interest in a home to the other former spouse by quitclaim deed after the divorce so the home is titled in one name. The decision point is the transfer of title itself: whether the former spouse signs a deed that meets South Carolina deed formalities and whether that deed is recorded in the proper county office. The timing issue is usually immediate, because title records do not update until the signed deed is recorded.

Apply the Law

South Carolina allows real estate to be conveyed by deed, and a quitclaim deed is commonly used when one owner releases whatever interest that owner has in the property to another owner. After a divorce, the usual forum is not the family court for the deed itself, but the county Register of Deeds office where the property sits. The core trigger is execution and recordation: the former spouse must sign the deed with the required witnesses, and the deed should then be recorded promptly so the public land records show the home in one name.

Key Requirements

Proper deed form: The deed must clearly identify the grantor, the grantee, and the property being transferred, usually by the full legal description from the prior deed.
Valid execution: In South Carolina, a conveyance of real estate must be executed with the required witnessing formalities, and the signature must be properly acknowledged or proved for recording.
Recording in the correct county: The signed deed should be filed with the Register of Deeds in the county where the property is located so the title records reflect the transfer.

What the Statutes Say

S.C. Code Ann. § 27-7-10 (Form of conveyance; witnesses) – South Carolina recognizes a valid real estate conveyance if the deed is properly executed and subscribed in the presence of two or more credible witnesses.
S.C. Code Ann. § 30-5-30 (Prerequisites to recording) – before a deed can be recorded, it must be acknowledged or proved as required by statute.
S.C. Code Ann. § 12-24-40 (Deed recording fee exemptions) – some deeds are exempt from the deed recording fee, including certain transfers where no gain or loss is recognized and some quitclaim deeds used only to confirm title already vested.
S.C. Code Ann. § 12-24-70 (Affidavits) – the Register of Deeds generally requires an affidavit with the deed stating value or the reason the deed is exempt from the fee.
S.C. Code Ann. § 8-21-310 (Recording fees) – South Carolina sets recording fees for documents filed with the Register of Deeds or clerk of court.

Analysis

Apply the Rule to the Facts: Here, the former spouse has offered to sign a quitclaim deed so the home can be transferred into one former spouse’s name. That can work to transfer title if the deed correctly names both parties, includes the full legal description, is signed with the required South Carolina witnessing formalities, and is recorded in the county land records. If the divorce order already awarded the home to one former spouse, the quitclaim deed is often the follow-through document that puts the public title records in line with that result. For a broader look at deed transfers between spouses or former spouses, see how to transfer a property deed from a spouse’s name into your name or into joint names in South Carolina.

A quitclaim deed only transfers whatever ownership interest the signing former spouse has at the time of signing. It does not promise clear title, and it does not remove that former spouse from the mortgage note. If the goal is both sole title and sole loan responsibility, the deed transfer may need to be paired with a refinance or lender-approved assumption. For more on deed preparation and recording steps, see how to prepare and record a quitclaim deed in South Carolina.

Process & Timing

Who files: usually the former spouse receiving title or that person’s closing or legal representative. Where: the Register of Deeds office in the South Carolina county where the home is located. What: a signed quitclaim deed, with the property’s legal description, plus any required deed affidavit stating value or the reason for exemption. When: as soon as practical after the former spouse signs, because title records do not change until the deed is recorded.
The Register of Deeds reviews the submission for recording requirements and collects the standard recording charge and any applicable deed recording fee unless an exemption applies. County practices can vary on formatting, cover sheets, and whether an affidavit may be waived.
Once recorded, the county land records show the transfer. The recorded deed becomes the key title document proving that the former spouse released that ownership interest.

Exceptions & Pitfalls

A quitclaim deed does not remove a former spouse from the mortgage. The lender can still treat both borrowers as liable unless the loan is separately changed.
Using the wrong legal description, leaving out a witness, or filing in the wrong county can delay or undermine the transfer.
The deed affidavit still matters. Even if the transfer is exempt from the deed recording fee, the filing usually must state the exemption reason, and a false affidavit can create legal trouble.

Conclusion

In South Carolina, a quitclaim deed can put the home title in one former spouse’s name after a divorce if the deed is properly prepared, signed with the required witnesses, and recorded with the county Register of Deeds. The key point is that the deed transfers ownership interest, but it does not by itself remove a former spouse from the mortgage. The next step is to file the signed quitclaim deed and required affidavit with the Register of Deeds promptly after execution.

Talk to a Real Estate Attorney

If a former spouse is signing over a home after divorce, our firm can help review the deed, confirm the recording requirements, and explain the title and mortgage issues that may affect the transfer timeline.

Disclaimer: This article provides general information about South Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed South Carolina attorney.