How to use transfer home ownership post-divorce
home ownership after a divorce

How to transfer home ownership after a divorce

Here’s what to know when transferring financial responsibility for your property.

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.

What is 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.

What kind of paperwork will I need?

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.

How can I ensure that my forms are completed accurately?

To avoid rejection of your forms for incomplete or inaccurate information, you’ll need to:

  • List the full name of the spouses involved in the transfer of property ownership.
  • Identify the proposed property’s location, value for consideration and “legal description” — or property dimensions and boundaries.
  • Sign the forms in front of a notary public, who will also sign them as a witness.
  • Submit your completed forms to be recorded in the property’s county.

If you have specific questions about the forms or your property when completing them, seek the assistance of your family law attorney.

Does a quitclaim deed affect my mortgage liability?

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.
What to do with your mortgage debt after a divorce

Will I need to pay a transfer tax?

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 your 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.

Seek the assistance of a professional

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.

Rates last updated April 19th, 2018
Details Features
LegalMatch
LegalMatch
LegalMatch offers online legal matching services that help make finding qualified lawyers in your area a quick and easy experience.
  • Backed by Bar Associations
  • Free service
  • LegalMatch blog
Go to site More info

Get an uncontested divorce online without going to court

Rates last updated April 19th, 2018
Details Features
Wevorce
Wevorce
Wevorce connects you with certified divorce experts to help you get through your divorce amicably.
  • Easy-to-follow filing instructions
  • Completion of all documents for both spouses
  • Marriage settlement agreement
Go to site More info
MyDivorcePapers.com
MyDivorcePapers.com
We complete the forms and guarantee court approval on all online divorce papers.
  • Help with parenting plans
  • Unlimited live chat and phone support
  • Video library
Go to site More info
Was this content helpful to you? No  Yes

Ask an Expert

You are about to post a question on finder.com:

  • Do not enter personal information (eg. surname, phone number, bank details) as your question will be made public
  • finder.com is a financial comparison and information service, not a bank or product provider
  • We cannot provide you with personal advice or recommendations
  • Your answer might already be waiting – check previous questions below to see if yours has already been asked

Finder only provides general advice and factual information, so consider your own circumstances, or seek advice before you decide to act on our content. By submitting a question, you're accepting our Terms and Conditions and Privacy Policy.

2 Responses

  1. Default Gravatar
    AnneNovember 11, 2017

    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.

    • Staff
      RenchNovember 11, 2017Staff

      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

Go to site