What kind of deed is often used when a married couple is divorcing and one spouse conveys their interest to the other?

A quitclaim deed is the most appropriate choice in the scenario of a married couple divorcing, where one spouse conveys their interest in the property to the other. This type of deed allows the transferring spouse to relinquish their claim to the property without making any guarantees about the title or ownership.

In a divorce situation, the party conveying their interest may not have the ability to warrant clear title due to various factors, such as outstanding liens, potential claims by other parties, or changes in marital status. The quitclaim deed effectively serves to transfer whatever interest one spouse has in the property without any warranties, making it a straightforward method for resolving property ownership issues that arise during a divorce.

In contrast, a special warranty deed and a general warranty deed offer various levels of assurances regarding the title. A special warranty deed provides limited protections, typically ensuring that the grantor did not take any actions that could harm the title during their ownership. A general warranty deed goes further, providing comprehensive assurances that the grantor holds clear title and that there are no encumbrances, which is not something typically warranted in a divorce situation. Meanwhile, a bargain and sale deed often implies that the grantor has some interest in the property but does not offer any warranty of title,