During a divorce, the community property established during the course of a marriage can be split between the husband and wife or sold completely. If one of the ex-spouses receives the rights to stay in the home, the other spouse must relinquish his interest in the property. This can be accomplished by a quitclaim deed.
Contact an attorney to prepare the quitclaim deed. This deed should contain the names of the both the husband and the wife listed as the "grantors" and only the name of the spouse who will remain in the house listed as the "grantee." The new marital status of the remaining spouse and her new name, if applicable, should be listed as well.
Determine if a consideration amount should be included in the deed. If the remaining spouse is paying the other to remain in the home, the amount paid can be listed as the consideration. If no money will exchange hands, list a nominal amount such as $1.00 or $10.00.
Sign the deed in the presence of a notary public. Both spouses, as the grantors, must sign the deed.
Calculate any fees needed to record the deed. This should consist of recording fees and a small tax charge. Per the Code of Virginia, any deed that is pursuant to divorce proceedings will only carry a tax of 50 cents.
Present the deed and recording fees to the Clerk of the Circuit Court in the jurisdiction where the property is located. In Virginia, some counties maintain authority and certain towns and cities also have their own recording systems. Ask for a certified copy of the recorded deed when the recording is complete.
