How To Transfer House Ownership After Divorce
We specialize in providing affordable Divorce services in California.
And today, we’re talking about, how do you go about changing the title on your home either during Divorce or after Divorce.
So what we find happens in many cases is that one of a few things will happen.
One of the parties will keep the house. The parties may keep the house in both their names and not refinance or a third option is that you sell the property.
In cases where you want to buy one of the party’s out, when you go to refinance the property, you can drop your spouse from the title of the home.
But what happens when you can’t refinance? And you’re just going to keep the existing loan on the property, how can you get the other party off of title?
What you have to do is do what’s called a quick claim deed. And you would file that with the county that you reside in.
And you can drop the other spouse off the property.
Now one issue that we ran into recently, is the spouse that we were assisting was awarded the house. Both parties were on the home, on the title of the home.
And because the house was awarded to the one spouse they wanted to have the other person removed from the property.
So we sent her down to a company that deals with changes of titles and deals with deeds. And we had her go down to fill out the paperwork for a quick claim deed.
The problem then became is that the other spouse wouldn’t sign off on the paperwork, on the quick claim deed, quick claiming himself off the deed.
So that becomes a problem.
You have a court order indicating that the spouse, one of the spouses has been awarded the property. However, the spouse that it was not awarded to is refusing to sign off.
So what do you do?
What you can do in this, obviously, would depend on your particular county, is file a motion with the court asking the court to sign in place of the spouse since the judge gave the order regarding the house mean order to one of the parties.
You will ask the court or the judge to—the judge court’s clerk to sign in lieu of the other party, so, you can get that filed with the county.
And get the quick claim completed and drop the other spouse off the property.
So I hope that was helpful.