[KS] In a divorce, does a quitclaim deed require an exchange of money between spouses to be valid?

Lexi, Chatbot

I understand that navigating property issues during a divorce can be challenging. Can you tell me if the quit claim deed is related to a specific property that you and your spouse own together?

Lexi, Chatbot

Have you already filed for divorce, or is the divorce final?

Lexi, Chatbot

What state is the property located in?

Jon

Hello! I’m Jon, a licensed attorney with over 13 years of experience. I’m happy to help. Just a quick note — this is general legal information only and does not create an attorney-client relationship.

What state is the property located in?

Jon

Thank you. Since the divorce is final, did the court order address the property?

Jon

Was there any mention of signing a quitclaim deed in the divorce paperwork?

Jon

Has your ex agreed to sign a quitclaim deed now?

Jon

And you want to confirm it’s okay for him to sign it, return it to you, and for you to file it with the county?

Jon

Yes — that is perfectly fine in Kansas.

If the divorce decree awarded you sole ownership of the property, the quitclaim deed is simply bringing the public land records into alignment with the court’s order. Kansas district courts have authority to divide marital property in divorce under K.S.A. 23-2802, and once the decree awards real estate to one party, the other party can be required to execute a deed to complete the transfer.

No money needs to be exchanged. Even if the deed states “for $10 and other valuable consideration,” that is standard conveyancing language and does not require actual payment.

Execution Requirements

Under K.S.A. 58-2209, a deed must be:

• In writing,
• Signed by the grantor, and
• Acknowledged before a notary public.

Your former spouse must sign the quitclaim deed in front of a notary. After notarization, you will record it with the Register of Deeds in the county where the property is located.

Important Details to Include

• The full legal description of the property (not just the street address), as required by Kansas recording standards.
• A reference to the divorce decree (for example: “This conveyance is made pursuant to the Decree of Divorce entered on [date] in Case No. [case number], in the District Court of [County], Kansas.”)

Transfer Tax Exemption

Kansas imposes a mortgage registration tax in certain transactions, but transfers made pursuant to a divorce decree are exempt under K.S.A. 79-3102(d) (divorce-related transfers are excluded from mortgage registration tax where applicable). Additionally, certain real estate transfer exemptions may apply depending on the county’s filing procedures. The Register of Deeds may require you to claim the appropriate exemption form at filing.

Mortgage Considerations

Recording fees are set by statute under K.S.A. 28-115, and typically are:

• $21 for the first page, and
• $17 for each additional page
• (Confirm with the local Register of Deeds, as minor updates can occur.)

Mortgage Considerations

Because you are already obligated on the mortgage, recording the quitclaim deed does not require refinancing. However, while the deed transfers ownership interest, it does not remove your former spouse from mortgage liability unless the lender formally releases them. If they remain on the loan and want off the obligation, refinancing would be necessary.

After recording, it is wise to provide a copy of the recorded deed to the lender so their internal records reflect that you are the sole titled owner.

Jon

Of course.

Jon

In Kansas, his new wife only needs to sign if the property is their homestead (meaning it is their primary residence).

Kansas homestead law requires both spouses to sign a transfer of homestead property.

If he does not live there and it is not their marital residence, she does not need to sign.

If it is their primary residence, then yes, she should sign to waive any homestead rights and prevent future title issues.

The safest course is to confirm whether he currently resides there.