What to Know About Transferring Real Estate Titles After Divorce
Dividing property during a divorce is often one of the most complex parts of the process, especially when it comes to real estate. I’m Tim Blankenship from Divorce661, and one critical step that many overlook after a divorce is the proper transfer of real estate titles. Just because your divorce judgment awards you the house doesn’t mean you legally own it yet. Handling the title transfer correctly and promptly is essential to avoid legal headaches and financial risks down the road.
Why Transferring Real Estate Titles Matters
Your divorce decree may clearly state who gets the family home, but the legal ownership on paper doesn’t automatically change once the court issues its judgment. Until the real estate title is officially transferred, both spouses remain listed as owners in the county records. This can cause significant complications, especially if the property is sold, refinanced, or faces financial difficulties like foreclosure.
The key document used to update ownership is either a quitclaim deed or an interspousal transfer deed. Filing and recording this deed with the county is what legally removes the former spouse’s name from the title and transfers full ownership to the spouse awarded the property.
Understanding the Difference Between Title Transfer and Mortgage Refinancing
It’s important to understand that transferring the title and dealing with the mortgage are two completely separate matters. Even after the deed is recorded, the mortgage loan remains in the names of whoever originally signed it. So, if you’re keeping the house, refinancing is necessary to remove your ex-spouse’s financial responsibility for the loan.
Without refinancing, your credit could still be impacted if payments are missed or the loan falls into default. This step protects you from future liability and ensures the mortgage is solely in the name of the party keeping the property.
The Importance of Timing When Transferring Title
Delaying the transfer of title can lead to unnecessary risks and complications. The longer both names remain on the deed, the higher the chance of problems such as liens, tax issues, or disputes during future sales. For example, we recently worked with a client who kept her home after divorce but didn’t record the deed for over a year. When she tried to refinance, the title still showed both spouses, despite the divorce decree awarding her full ownership.
We had to quickly prepare and file the correct deed to fix the issue, but the delay caused avoidable stress and refinancing delays. This situation underscores why it’s critical to handle the deed transfer as soon as possible after your divorce is finalized.
How Divorce661 Can Help You Transfer Title Smoothly
At Divorce661, our commitment goes beyond just finalizing your divorce judgment. We help you follow through by preparing and recording all necessary real estate deeds to ensure they match your divorce agreement perfectly. We also coordinate with lenders when refinancing is required, making the process seamless and stress-free.
Our services include:
- Preparing and filing quitclaim or interspousal transfer deeds
- Ensuring deeds are recorded correctly with the county
- Coordinating with mortgage lenders to facilitate refinancing
- Providing 100% remote support throughout California
- Offering flat-fee divorce and title transfer packages
Take Action Now for Peace of Mind and Full Ownership
If your divorce involves real estate, don’t overlook the crucial step of transferring the title properly. The process protects your rights, removes your ex-spouse from ownership records, and prevents future financial liabilities. To make sure your title transfer is handled right the first time, visit divorce661.com to schedule a free consultation.
We’ll help you get the deed done correctly and promptly so you can move forward with confidence and full ownership of your property.
Final Thoughts
Dividing property in divorce is about more than just deciding who gets what. It’s about making sure the legal paperwork reflects those decisions accurately. Remember, your divorce judgment is just the first step. Properly transferring real estate titles and refinancing mortgages are essential follow-up actions that protect your financial future.
Don’t let a simple oversight cause delays, stress, or legal issues later on. Take care of the details now to enjoy your new chapter with peace of mind.