Tax Advantages of Divorce Deeds Over Warranty Deeds In Property Transfers Upon Divorce

When you are transferring property upon the finalization of your divorce, you typically have to pay a local recordation tax for the retitling of your property. However, Virginia Code § 58.1-811(A)(15) and (16) provide for a tax exemption from the recordation tax for documents pursuant to a divorce decree. A divorce lawyer at Smith Strong, PLC can help you ensure that you are receiving the proper tax exemptions in your divorce proceeding, when transferring a property into or out of your name as part of your divorce or separation.   

Divorce Deeds are Tax Exempt

Virginia Code Section 58.1-811(A)(15) and (16) provide that, “The taxes imposed by § 58.1-801 and 58.1-807 shall not apply to any deed conveying real estate or lease of real estate:

15. When it is a deed of partition, or any combination of deeds simultaneously executed and having the effect of a deed of partition, among joint tenants, tenants in common, or coparceners; or


16. When it is a deed transferring property pursuant to a decree of divorce or of separate maintenance or pursuant to a written instrument incident to such divorce or separation.”


This means that deeds of both partition and property transfer in a divorce proceeding are not subject to local taxes. Call the attorneys at Smith Strong, PLC today to schedule your consultation for a comprehensive case plan, and make sure your deed is drafted right the first time!

H. Van Smith
Trusted Virginia Family Law Attorney Serving Richmond to Williamsburg