Modern Tools

What happens when ex spouse is still on deed?

What happens when ex spouse is still on deed?

Years pass, the former spouses remarry new spouses, and life goes on. The spouses assume that the property has been divided. Then one of the spouses decides to sell or refinance the property and learns that his or her ex is still on the deed.

When did my ex wife and I divorce?

Q: The home I now live in was originally purchased by my wife and me almost 20 years ago. More than 11 years ago she and I divorced and she moved out of state. The break-up was friendly so we got a book and did the divorce ourselves, without attorneys.

When did my ex wife want my house sold?

More than 11 years ago she and I divorced and she moved out of state. The break-up was friendly so we got a book and did the divorce ourselves, without attorneys. I have just received a letter from an attorney who has been hired by my ex-wife to force me to sell the home and give her half of the money.

When do you need a Quit Claim Deed in a divorce?

Part of a divorce judgment is the division of property between the spouses. If any of that property is real estate that is held by both parties, it will be necessary for the spouse who is not awarded the property to sign a quit claim deed transferring his or her interest to the spouse who is awarded the property.

Years pass, the former spouses remarry new spouses, and life goes on. The spouses assume that the property has been divided. Then one of the spouses decides to sell or refinance the property and learns that his or her ex is still on the deed.

Part of a divorce judgment is the division of property between the spouses. If any of that property is real estate that is held by both parties, it will be necessary for the spouse who is not awarded the property to sign a quit claim deed transferring his or her interest to the spouse who is awarded the property.

Q: The home I now live in was originally purchased by my wife and me almost 20 years ago. More than 11 years ago she and I divorced and she moved out of state. The break-up was friendly so we got a book and did the divorce ourselves, without attorneys.

More than 11 years ago she and I divorced and she moved out of state. The break-up was friendly so we got a book and did the divorce ourselves, without attorneys. I have just received a letter from an attorney who has been hired by my ex-wife to force me to sell the home and give her half of the money.

Can a deed be used to remove a deceased owner?

The problem with using a deed to remove a deceased owner comes from the simple fact that the owner is deceased. Because the owner is deceased, he or she cannot sign the deed to transfer title to the new owner. For someone to sign on behalf of the deceased owner, he or she would need legal authority to do so.

Can a surviving spouse file a new deed?

It is also unnecessary to issue a new deed. However, sometimes a surviving spouse may choose to file evidence of death, such as an affidavit, to show transfer of the property. When the deceased held property in trust, the deed to the property indicates the property had transferred to the trustee of the trust (generally the deceased).

How can I take my spouse off of a deed of trust?

Once the spouse signs the quitclaim deed, according to the state signing requirements, the deed must be recorded in the Office of the Register of Deeds in the county where the property is located. This will take the spouse’s name off the title of the property. They would no longer own an interest in the property.

Can a quitclaim deed be used to remove an ex spouse?

Because a quitclaim deed form provides no warranty of title, it is the most popular deed form to remove an ex-spouse. When dividing property in divorce, the goal is to simply to take the ex-spouse off of the title to the property deed. It is more of a release of the property than a conveyance.

The problem with using a deed to remove a deceased owner comes from the simple fact that the owner is deceased. Because the owner is deceased, he or she cannot sign the deed to transfer title to the new owner. For someone to sign on behalf of the deceased owner, he or she would need legal authority to do so.

It is also unnecessary to issue a new deed. However, sometimes a surviving spouse may choose to file evidence of death, such as an affidavit, to show transfer of the property. When the deceased held property in trust, the deed to the property indicates the property had transferred to the trustee of the trust (generally the deceased).

Once the spouse signs the quitclaim deed, according to the state signing requirements, the deed must be recorded in the Office of the Register of Deeds in the county where the property is located. This will take the spouse’s name off the title of the property. They would no longer own an interest in the property.

Can you remove someone’s name from a deed of conveyance?

Eliminating the ownership rights of someone listed on a property deed typically involves removing the names from the deed and the title. Because some types of property are better suited to specific deeds of conveyance, this process requires knowing more about the type of property you’re discussing.

How long does it take to remove a name from a property deed?

How long will it take to remove a person’s name from a property deed? It depends on your lawyer and how fast the county recorder’s office files the deed. Some legal advisers can get your deed processed and sent to you for review and signature within two days, but it typically takes five to seven business days.

When to put both spouses on a quitclaim deed?

Both spouses should sign the quitclaim deed, especially if the deed is being signed before the divorce is finalized. Having both spouses on the deed avoids questions about homestead or community property rights and assures third parties that no other consents are required for the transfer. Reference to the Divorce Decree in the Quitclaim Deed

What happens if your ex spouse refuses to sign the deed?

The judge makes a finding of contempt of court. Your ex-spouse will sit in jail until he or she signs the deed. Once the deed is signed, file it. Your ex-spouse refuses to sign the deed even under a contempt finding and the court issues a court order for the transfer of the property.

What happens if you remove someone’s name from a property deed?

Removing someone’s name from the property deed does not remove their responsibility to pay the mortgage on the property. You’ll need to consult your mortgage provider to change a name on the mortgage itself.

Do you have to sign the deed when you change your name?

For example, in most states, the grantee does not have to sign the deed, but that is not true everywhere. If you are the sole owner of the property and want to change your name on the deed, in some states you file a quitclaim deed to your new name using the formerly known as (FKA) with your prior name.

Can a spouse use a quitclaim deed to transfer property?

It is more of a release of the property than a conveyance. The spouse that will no longer own the property will release—or quitclaim —his or her interest to the other spouse. In states like California and Florida, the spouses may use a quitclaim deed to transfer the property without warranting title.

Can a divorce decree transfer property to an ex spouse?

In most cases, a divorce decree does not transfer property to or from your ex-spouse. The decree only describes how the assets should be divided. It is up to you and your ex to divide the property as described in the divorce decree.

It is more of a release of the property than a conveyance. The spouse that will no longer own the property will release—or quitclaim —his or her interest to the other spouse. In states like California and Florida, the spouses may use a quitclaim deed to transfer the property without warranting title.

In most cases, a divorce decree does not transfer property to or from your ex-spouse. The decree only describes how the assets should be divided. It is up to you and your ex to divide the property as described in the divorce decree.

Can a ex-spouse enter a house after a divorce?

Can my ex-spouse enter our home after he or she has signed a quitclaim deed transferring the home to me after our divorce proceeding? No. Once the divorce is final and the home has been transferred to you by quitclaim deed, your ex-spouse is no longer an owner and has no right to enter the property other than by your invitation and consent.

When do you remove property from a divorce?

how of removing personal property from the residence. For some spouses, most property will have already been removed prior to the divorce. However, in situations where the spouses are not on speaking terms or where one spouse moved some distance from the marital home items can remain in the house up until the final days of a divorce.

Can a quitclaim deed be changed after a divorce?

You will want to execute a quitclaim deed after your divorce settlement is finalized, and you have been granted possession of the marital home. Once the deed has been altered to remove your ex-spouse’s name from the paperwork, you can make the same change on the title of your home; that will officially absolve them of all rights to the property.

Can my ex-spouse enter our home after he or she has signed a quitclaim deed transferring the home to me after our divorce proceeding? No. Once the divorce is final and the home has been transferred to you by quitclaim deed, your ex-spouse is no longer an owner and has no right to enter the property other than by your invitation and consent.

What to know about divorce and quitclaim deeds?

The following information about divorce and quitclaim deeds offers tips on how to protect your interests in the family home. Depending on whether you will be keeping the house after divorce or your ex will get it, title and ownership of the property is something that needs to be taken care of.

how of removing personal property from the residence. For some spouses, most property will have already been removed prior to the divorce. However, in situations where the spouses are not on speaking terms or where one spouse moved some distance from the marital home items can remain in the house up until the final days of a divorce.

Can a former spouse take Your House if you get a divorce?

Currently, the courts generally try not to make orders that require former spouses to share “non-matrimonial” property. This means property acquired by gift or inheritance or acquired before marriage or civil partnership, and that would seem to exclude the house you bought before you got married.

What happens to the property after a divorce?

When the court grants a divorce, property will be divided equitably (not always equally) between the two spouses. This is decided under the Equitable Distribution Law.

Is it bad to have a deed with a divorce?

Divorce is stressful enough. The last thing you need is a deed-related debacle because you left the marital home — and nobody’s paid the mortgage since. Let’s start right off with the worst-case scenario. If your former home goes into foreclosure and you’re still on the mortgage, the mortgage company does not want to hear about your divorce.

Both spouses should sign the quitclaim deed, especially if the deed is being signed before the divorce is finalized. Having both spouses on the deed avoids questions about homestead or community property rights and assures third parties that no other consents are required for the transfer. Reference to the Divorce Decree in the Quitclaim Deed

When the court grants a divorce, property will be divided equitably (not always equally) between the two spouses. This is decided under the Equitable Distribution Law.

What happens if I add my spouse’s name to the deed of the House?

What if I added my spouse’s name to the deed of the house I brought into the marriage? This is a very common scenario with a complicated answer.

When do you get Your House title after divorce?

In any case, most lending institutions release the grantor from the mortgage loan when they receive copies of the final divorce decree, any settlement agreement, and the quitclaim deed. Often, the party who receives the marital home through a divorce refinances the property.

What if I added my spouse’s name to the deed of the house I brought into the marriage? This is a very common scenario with a complicated answer.

Can a husband and wife jointly own a property?

When you purchase a property with a co-owner, whether that be a partner, husband, wife, friend or family member, at some point in the conveyancing process you should be asked how you wish to hold the property. Your options will be to either hold the property as joint tenants or as tenants in common.

Do You need Your ex wife to sign a Quit Claim Deed?

If you own the house as the sole owner and you live in a non-community property state, it’s just your name on the deed. You don’t need your ex-spouse’s signature to sell. In community property states, it’s a good idea to get your ex-wife to sign a quit claim deed even if her name was never on the title.

Can you force an ex spouse to sell a house?

Also, even after divorce your spouse must still agree to the sale of the home or other real property you owned together, but you may be able to force your ex-spouse to sell real property you owned together by employing a partition lawsuit. Forcing Ex-spouses to Sell

How does a deed work in a divorce?

A deed is a written document that legally transfers property from one person or entity to another. Through a deed, one spouse can give his or her own property to the other, and the property becomes the receiving spouse’s separate property.

Can a ex husband and ex wife refinance a house?

If you have sufficient equity, credit and income, and your ex-husband or ex-wife agrees to give you the house, you should be able to refinance. However, many lenders will want you to prove that you can make mortgage payments by yourself. That’s where the labor comes in.

Who is responsible for paying for life insurance on your ex husband?

The payor is going to be the person responsible for making payments, and they can be separate from both the owner and the insured. However, in most cases, if you are the payor, you probably want to be the owner as well. If you are paying for life insurance on your ex-husband, you want to make sure he can’t make any changes to the policy. 4.

Can a spouse waive their rights to a life insurance policy?

If a spouse wishes to waive his or her right to a certain life insurance policy, the couple may sign an agreement specifying the policy will be considered separate (not community) property. Usually the insurance company needs to be put on notice of such waiver of spousal rights.

Can a spouse opt out of a life insurance policy?

Spouses can decide to opt-in and participate in the state’s community-property laws. In a community property state, both spouses own equally any income earned during the marriage and any property purchased with that income. That includes life insurance policies.

What happens to property when the managing spouse dies?

In those marriages, when the managing spouse dies, the surviving spouse may not be aware of what they must do to transfer property to their name. In some cases, the children of the deceased spouse may have acquired an ownership interest in the property at the time of the death of the spouse.

Can a marital home be considered marital property?

Some states also consider whether the non-owner spouse’s funds were used to refinance the house. Additionally, if the owner puts the non-owner spouse’s name on the deed, the home may then be considered marital property and subject to division.

What happens to your property when your spouse dies?

Couples commonly own property jointly with the right of survivorship. This is most common for the marital home. For such property, when one spouse dies, the property automatically transfers to the surviving spouse. This transfer takes place outside the probate process. It is also unnecessary to issue a new deed.

What happens to your marriage if your spouse dies?

If you have any questions about the legal status of your relationship in your state, get help from an attorney who is knowledgeable about this area of law. If your spouse has died, and you have not remarried, then you are considered unmarried. It may seem odd and you may still consider yourself as married.

What to do if your ex won’t sign a Quit Claim Deed?

How to Get Court to Order Your Ex-Spouse to Sign Quit Claim Deed. If your former spouse won’t sign a quit claim deed for property awarded to you, it will be necessary to go back to court to ask the judge to enforce the judgment, with a court ordered quit claim deed.

What should I do if my ex husband dies without a will?

Williams said if there was a property settlement agreement, you should review it to see if he had any obligation to provide for you post-divorce. Because your ex-husband died without a will, assets that he owned individually in his name that do not have a beneficiary would pass to his legal heirs, Williams said.

What happens to the property of a deceased spouse?

Each spouse owns a one-half interest in marital property in a community property state. Further, a deceased spouse can give away his share of the community property however he chooses. The owner can dispose of any separate property however they wish.

What happens if a spouse dies without a will in Texas?

Many people assume that a surviving spouse will inherit all a deceased spouse’s estate if they die without a Will in Texas. This is not always the case. How their property is divided depends on whether it is characterized as community property or separate property.

Why do ex spouses keep coming back after divorce?

Peoples ability to use children as some kind of leverage to control their ex spouse is well documented, as a source of contention after divorce.

Can a surviving spouse inherit property in Texas?

Under Texas laws, if you are married and your spouse and children survive you, then: Your surviving spouse will inherit all your community property if all your children are also the children of your surviving spouse;

What Spouses Are Entitled To in Texas If a husband or wife dies without a will and they have a surviving spouse and children together, the surviving spouse inherits the decedent’s half of the couple’s community property and one-third of the decedent’s separate property.

Peoples ability to use children as some kind of leverage to control their ex spouse is well documented, as a source of contention after divorce.

When does an ex spouse want to be removed from a mortgage?

When an ex-spouse is removed from the title to the property, he or she will usually also want to be removed from the loan. This protects the ex-spouse (and his or her credit) from responsibility if the former spouse does not make payments on time or if the mortgage is foreclosed.