A quit claim deed in a South Carolina divorce transfers one spouse's ownership interest in the marital home to the other, but it does not remove that spouse from the mortgage. Under South Carolina Code § 20-3-620, the family court divides marital property by equitable apportionment, and a signed, notarized quitclaim deed executes that division. Transfers incident to divorce are exempt from the $1.85-per-$500 deed recording fee and are tax-free under IRC § 1041.
Key Facts: South Carolina Divorce & Property Transfer
| Fact | Detail |
|---|---|
| Filing Fee | $150 statewide (paid to the Clerk of Court with the Summons and Complaint) |
| Waiting Period | 90 days before a final hearing (S.C. Code § 20-3-80) |
| Residency Requirement | 1 year, or 3 months if both spouses live in South Carolina (S.C. Code § 20-3-30) |
| Grounds | No-fault (1-year continuous separation) plus 4 fault grounds (S.C. Code § 20-3-10) |
| Property Division Type | Equitable apportionment / equitable distribution (S.C. Code § 20-3-620) |
| Deed Signing Rule | Two witnesses plus a notary (S.C. Code § 30-5-30) |
| Recording Fee | $1.85 per $500 of value; exempt if incident to divorce (S.C. Code § 12-24-40) |
Data verified August 2026. As of August 2026, verify all fees with your local clerk of court and county Register of Deeds.
What Is a Quit Claim Deed in a South Carolina Divorce?
A quit claim deed is a legal document that transfers whatever ownership interest a person holds in real estate to another person, with no warranty of clear title. In a quit claim deed divorce South Carolina situation, the departing spouse (the grantor) signs over their share of the marital home to the keeping spouse (the grantee). The deed is the instrument that carries out the family court's equitable apportionment order under S.C. Code § 20-3-630, which defines marital property as real and personal property acquired during the marriage and owned as of the date the marital litigation began.
The word "quitclaim" describes exactly what happens: the grantor quits any claim they had to the property. Because divorcing spouses already know each other's ownership history, the quitclaim's lack of title warranties is rarely a problem between them. The keeping spouse is not buying from a stranger; they are receiving the other half of a home they already co-own. This is why the quitclaim deed house divorce transfer is the single most common tool South Carolina family courts and attorneys use to retitle a marital residence after a decree.
How a Quit Claim Deed Works in South Carolina Property Division
South Carolina is an equitable distribution state, meaning the family court divides marital property fairly rather than automatically 50/50. Under S.C. Code § 20-3-620, the court weighs at least 15 factors, including each spouse's financial and homemaker contributions, income, health, and the desirability of awarding the family home to the parent with custody. Once the court assigns the home to one spouse, a quit claim deed transfers the legal title to complete that award.
Understanding equitable distribution is essential before you sign anything. The family court has no authority to apportion nonmarital property under S.C. Code § 20-3-630, so a home one spouse owned before the marriage may stay separate unless marital funds or effort increased its value. When the home is marital, the divorce decree or a signed marital settlement agreement will state who keeps it and order the other spouse to execute a quitclaim deed.
The sequence matters. The court first decides ownership, then the deed records the decision. A quit claim deed signed before the divorce is final can still be valid, but most South Carolina attorneys wait until the settlement agreement is approved so the transfer clearly qualifies as incident to divorce. That timing preserves both the deed recording fee exemption and the federal tax exemption discussed below. You can map out your own sequence with a personalized divorce roadmap that reflects South Carolina's 90-day waiting period.
Quit Claim Deed vs. Other Deed Types in South Carolina
A quit claim deed transfers only the interest the grantor actually owns and offers zero title guarantees, while a general warranty deed promises clear title and a special warranty deed guarantees title only against the grantor's own acts. For divorcing spouses, the quitclaim is preferred because it is simple, inexpensive, and appropriate between co-owners who already know the property's history. The choice of deed does not change the family court's equitable apportionment order; it changes only the level of title protection the grantee receives.
The table below compares the three deed types South Carolina property owners use most often. For a marital home transfer between spouses, the quit claim deed is standard because the parties are not strangers and title warranties add little value.
| Deed Type | Title Warranty | Typical Divorce Use | Cost |
|---|---|---|---|
| Quit Claim Deed | None | Transferring the marital home between spouses | Lowest (drafting only) |
| Special Warranty Deed | Grantor's ownership period only | Rare in divorce; used with mixed-title concerns | Moderate |
| General Warranty Deed | Full, back to origin | Sales to third parties, not spousal transfers | Highest |
Regardless of which deed you use, S.C. Code § 30-5-30 requires the grantor to sign before two witnesses, one of whom may be the notary who acknowledges the signature. A deed missing a witness or notarization can be rejected by the county Register of Deeds and leave title unresolved for years. Understanding the quitclaim deed mechanics protects you from that outcome.
How to Transfer Property Title After a South Carolina Divorce
Transferring property title in a South Carolina divorce takes four documented steps: draft the quit claim deed, sign it before two witnesses and a notary, prepare the deed recording fee affidavit, and record the deed with the county Register of Deeds. The recording fee for a divorce-incident transfer is $0 because S.C. Code § 12-24-40 exempts transfers between spouses or incident to divorce, but you still must file the affidavit stating the exemption reason.
Here is the standard process for transferring property title in a divorce once the decree or settlement agreement is signed:
- Draft the deed. The quit claim deed must identify the grantor, the grantee, the full legal description of the property (copy it exactly from the current recorded deed, not the tax bill), and the derivation clause showing the prior recording book and page.
- Sign before witnesses and a notary. Under S.C. Code § 30-5-30, the grantor signs in front of two witnesses, one of whom can be the notary public who acknowledges the signature.
- Prepare the affidavit. S.C. Code § 12-24-70 requires a deed recording fee affidavit. For an exempt divorce transfer, the affidavit states the exemption reason rather than the property value.
- Record the deed. Submit the deed and affidavit to the Register of Deeds (or Register of Mesne Conveyances) in the county where the property sits. Recording creates the public record that finalizes removing a name from the deed in divorce.
A common error is treating the decree alone as sufficient. A South Carolina divorce decree that orders a transfer does not automatically retitle the property; someone must still draft and record the quit claim deed. Until that recording happens, both names remain on the public title, which can block a future sale or refinance. If your case is contested, find a divorce attorney to ensure the deed language matches the court order precisely.
The Mortgage Trap: Why a Quit Claim Deed Does Not Remove You From the Loan
A quit claim deed transfers ownership of the house, but it does not remove your name or your liability from the mortgage. This is the single most costly misunderstanding in a quit claim deed divorce South Carolina case. The deed and the loan are two separate contracts: the deed is with the county, and the mortgage is with the lender. Signing away your title does nothing to change your promise to repay the debt, and a missed payment by your ex-spouse can still wreck your credit years after the divorce.
To actually remove a spouse from mortgage liability, the keeping spouse must refinance the loan into their own name alone or obtain a formal loan assumption approved by the lender. A refinance pays off the joint loan and issues a new one, releasing the departing spouse. Because refinancing depends on the keeping spouse qualifying on their own income and credit, many South Carolina settlement agreements set a deadline, often 60 to 180 days, and provide that the home must be sold if the refinance fails.
Protect yourself in the settlement agreement. Insist on language requiring refinance or sale by a specific date, and consider a deed of trust or note securing your equity buyout until the refinance closes. If you sign the quit claim deed but stay on the mortgage, you have given up the asset while keeping the debt, the worst possible position. Run the numbers first with a property division calculator so you know the equity at stake before transferring title.
Recording Fees and Tax Consequences of a Divorce Quit Claim Deed
A quit claim deed transferring the marital home incident to a South Carolina divorce is exempt from both the state deed recording fee and federal income tax. South Carolina normally charges a deed recording fee of $1.85 per $500 of value ($1.30 state plus $0.55 county), but S.C. Code § 12-24-40 exempts transfers between spouses and transfers incident to divorce. Federally, IRC § 1041 makes transfers between spouses, or former spouses incident to divorce, tax-free, so no capital gains tax is triggered by the transfer itself.
Timing controls the federal exemption. A transfer is treated as incident to the divorce if it occurs within one year after the marriage ends, or if it is related to the cessation of the marriage (generally within six years when required by the divorce instrument). Transferring property title in a divorce outside these windows can convert a tax-free spousal transfer into a taxable event, so record the quit claim deed promptly after the decree.
The exemption covers the transfer, not the future sale. The spouse who keeps the house also inherits the original cost basis under IRC § 1041. When that spouse later sells, capital gains are measured from the couple's original purchase price, and only a $250,000 single-filer exclusion may apply instead of the $500,000 married exclusion. The recording-fee affidavit under S.C. Code § 12-24-70 must still be filed to claim the divorce exemption, even though it does not need to state the property's value.
| Cost or Tax Item | Standard Rate | Divorce-Incident Treatment |
|---|---|---|
| State deed recording fee | $1.30 per $500 | Exempt (§ 12-24-40) |
| County deed recording fee | $0.55 per $500 | Exempt (§ 12-24-40) |
| Federal capital gains on transfer | Up to 20% | Tax-free (IRC § 1041) |
| Recording-fee affidavit | Required | Required, states exemption reason |
Common Mistakes When Removing a Name From a Deed in Divorce
The most damaging mistake when removing a name from a deed in divorce is signing the quit claim deed before securing a mortgage release, which leaves the departing spouse liable for a loan on a house they no longer own. South Carolina family courts see this repeatedly, and once the deed records, undoing the transfer requires the ex-spouse's cooperation or a new court motion. Signing away title while staying on the debt eliminates your leverage to force a refinance or sale.
Other frequent errors carry real cost. Using the tax-bill description instead of the exact recorded legal description can invalidate the deed. Skipping a witness violates S.C. Code § 30-5-30 and causes the Register of Deeds to reject the filing. Forgetting the S.C. Code § 12-24-70 affidavit stalls recording. Waiting more than a year after the divorce can forfeit the IRC § 1041 tax exemption. Each mistake is preventable with careful drafting.
Do not confuse a quitclaim deed with a mortgage release, a title-clearing tool, or a substitute for a court order. The deed only moves the ownership interest the grantor holds; it does not guarantee clear title, remove liens, or discharge debt. In contested cases, or when significant equity is involved, having an attorney draft the deed and settlement language protects both parties and ensures the recorded document matches the family court's equitable apportionment ruling under S.C. Code § 20-3-620.