Of all the assets owned by a married couple, property can become the most contentious to divide during a divorce. If you or your spouse are interested in assuming ownership of your family home, you can do so with a quitclaim deed.
A quitclaim deed is the legal means used to transfer a person’s interest in real estate. Its name comes from the idea that a person is “quitting” their claim on a piece of property.
With a quitclaim deed, the spouse who intends to keep the home is given “valuable consideration” for the home, which can be money or something else of value. Ownership can also be transferred for “good consideration” — or payment that has no value, like gratitude.
To transfer ownership of your property, first visit your county recorder’s office to request:
To avoid rejection of your forms for incomplete or inaccurate information, you’ll need to:
If you have specific questions about the forms or your property when completing them, seek the assistance of your family law attorney.
David Reischer, Esq.
Family Law Attorney & CEO of LegalAdvice.com
To remove a person from title on real estate after a divorce, both spouses will need to sign a deed. In divorce contexts, both spouses will sign a deed transferring the former marital property to only one of the ex-spouses.
In my experience, former spouses that fail to divide their property after a judgment is issued by a court will create potential problems that will cause headaches down the road. Many years may pass until a person decides to sell or refinance their property, only to learn that his or her ex is still on the deed.
Acting quickly after a divorce decree is issued by the court will give a person the best opportunity to avoid future headaches.
Your mortgage liability is not transferred through a quitclaim deed. Whichever spouse gives up their interest in the home could still find themselves responsible for half of that property’s mortgage debt and any lien on the property.
When you transfer the title of your property with a quitclaim deed, the county in which the home is located may impose a transfer tax on both you and your spouse. The tax you’re charged will depend on your county, but it tends to be 1% of the home’s purchase price. Keep in mind that the county could reassess the value of your property at the time of transfer, resulting in higher property taxes for the spouse taking over ownership.
Joseph Hoelscher
Managing Attorney, Hoelscher Gebbia Cepeda PLLC
- Don’t deplete the asset. We use a standard order to prevent parties from damaging or borrowing against community assets, but people still do these things. I had a client whose spouse was still in the home while the divorce was happening. When we set a hearing to remove her from the home, she trashed it while he was at work. Eventually, all those extra costs got taxed against her by the court.
- Fight the system, not each other. The divorce process will take a huge cut of the family’s net worth, so both parties should fight together to preserve what they’ve got and think twice before going to court. Every time a lawyer gets involved, your bill goes up and so does the other team’s. That money is shrinking the pie you want to divide.
- Reassess your finances immediately. You’re going from one household to two. You need your own budget. Talk openly with your lawyer about what you can reasonably expect to be left with after the divorce and figure out how to live on it.
As with all real estate decisions, talk to your family law attorney, a tax professional or another expert to determine your specific responsibilities when transferring ownership of your property during or after your divorce.
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My ex claims there was no quit claim deed during divorce She said that I just agreed to keeping my name on mortgage while she took ownership of house. Is this possible. I’m sure I signed it but she is devious so she may have taken it
Hi John,
Thank you for reaching out to finder.
Normally, these agreements are part of the divorce settlement documents that you should have a copy on when the divorce transpired. A judge can award the marital home to one spouse as part of property distribution in your divorce. This assumes that the house qualifies as “marital” or “community” property and not one spouse’s separate property. A court will look at several factors to decide who gets the house. You may need to revisit these documents to know where you are in this situation. Hope this helps!
Cheers,
Reggie
HI, so right now I have a home with my wife my family lives with us. She’s threatening to leave me and sell the house which our family invited her into. To be on the safe side can I transfer the house to my brothers name to keep our family covered?
Hi Roy,
Thanks for getting in touch with finder. I hope all is well with you. :)
If both of your names are on the deed, generally, your wife can’t force you to sell the house unless she files a lawsuit or partition action.
Moreover, if you want to add your brother’s name, you need to ask for your wife’s consent.
Finally, please seek professional advice since there are other factors that should be considered. By doing so, you will have a better idea of how you should go through your situation.
I hope this helps. Should you have further questions, please don’t hesitate to reach us out again.
Have a wonderful day!
Cheers,
Joshua
It’s been two years now my x has not given the paper work that I signed to give her the house. My name is still on the deed and mortgage is still in my name. She doesn’t work. I’m thinking that’s why she didn’t hand in the papers. But I want my name off. What can I do.
Hi Marc,
Thanks for your message and for visiting finder – the leading comparison website & general information service built to give you advice in your buying decision needs. How are you doing today?
It seems like the property is still under your name. If you or your spouse are interested in assuming ownership of your family home, you can do so with a quitclaim deed.
A quitclaim deed is the legal means used to transfer a person’s interest in real estate. It’s name comes from the idea that a person is “quitting” their claim on a piece of property. With a quitclaim deed, the spouse who intends to keep the home is given “valuable consideration” for the home, which can be money or something else of value. Ownership can also be transferred for “good consideration” — or payment that has no value, like gratitude.
To transfer ownership of your property, first visit your county recorder’s office to request:
A quitclaim deed form. You’ll enter the date, the value of your home for consideration and a legal description and location of your property.
A Preliminary Change of Ownership form. The spouse who is intending to keep the home completes this form.
Essentially, as with all real estate decisions, talk to your family law attorney, a tax professional or another expert to determine your specific responsibilities when transferring ownership of your property during or after your divorce.
Hope this helps! Feel free to message us anytime should you have further questions.
Cheers,
Nikki
I wish to take my name of the title deed of the house as my husband and I have been separated for 18 months. I am giving him the house. I just want my name of the deed. However the house is currently in collections and has 4 more payments to go before it is removed. Can I get my name of the title, I don’t want a payout I just want out.
Hi Anne,
Thanks for reaching out to us. Please note that we are not affiliated with any company we feature on our site and so we can only offer you general advice.
Please seek legal assistance with all real estate decisions, talk to your family law attorney, a tax professional or another expert to determine your specific responsibilities when transferring ownership of your property during or after your divorce.
You may click on the ‘Go to Site’ button on this page for LegalMatch Real Estate for assistance.
Best regards,
Rench