How do I get my husband off of the deed to our marital home after our online divorce is over? Marital homes are often one of the most disputed marital assets in a divorce. This is due largely to the fact that in many cases, the marital home is the most valuable asset that the couple owns. Once your divorce is finalized and you receive your divorce decree, your decree will divide your marital assets.
Generally the decree does not transfer ownership of a home to or from your ex-spouse, rather the decree just describes how the assets should be split up. This often leaves it up to you and your ex spouse to decide what to do with the marital home. It is important to remember that all real estate must be transferred through a deed. Therefore when you get a divorce, you and your spouse should sign a deed to divide the marital home.
Problems arise when spouses fail to sign a deed dividing the marital home. This can lead to one spouse taking possession of the house and living there but the other spouse is still on the deed. This becomes an issue when the spouse with possession of the home wants to sell, or refinance the house and the other spouse is still on the deed. With the other spouse still on the deed, the spouse with possession may not sell the home. This leaves you with a situation where you have to get your ex spouse off of the deed after the Shelby County divorce so you will have full ownership and be able to do what you please with the property.
One common way to get your ex spouse off of the deed to your marital home is through a quit claim deed. This is one of the most effective ways to get the spouse of the deed because a quitclaim deed does not provide warranty of title. In this way it is more of a release of the property than a transfer of ownership. A quitclaim deed is a document that transfers property from one party to another party. Quit claim deeds are commonly needed in uncontested divorces because property division is such a large part of each Calhoun County divorce. This type of deed allows the parties to simply remove one of them as an owner on the property deed, which means one of the parties will become the sole owner of their property that was previously owned by both of the parties. This means that the other party has officially given up all of their rights to that property. However, quit claim deeds do not provide a warranty of title, so it is not guaranteed that the title is clear or that no one else has any rights to that property.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, probate, and real estate closings on this website. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply feedback. We appreciate our readers & love to hear from you!