Divorce-Transfer House Ownership - Posted by Constance


#1

Posted by Rob FL on October 27, 1998 at 21:54:44:

I examine titles for a living (yeah what fun). From what I have seen, it depends on what the divorce decree says. If it says that it transfers title then it does. If it requires one spouse to give a deed to the other spouse than that is what must be done. Divorce is always a mess.


#2

Divorce-Transfer House Ownership - Posted by Constance

Posted by Constance on October 26, 1998 at 19:19:15:

Can someone tell me what form I need to have

my husband transfer his half interest in our

home to me for $1? Quit claim, Warranty Deed,

or something else?

Thanks alot,

Constance Swiatek


#3

Re: Divorce-Transfer House Ownership - Posted by MJS(sjca)

Posted by MJS(sjca) on October 30, 1998 at 17:02:38:

Hi I am a newbee
Check with a mortguage agt to see if you can pre-qualify yourself for a loan at a lower rate also.
This may or may not help
Good luck


#4

Re: Divorce-Transfer House Ownership - Posted by Philly Dave

Posted by Philly Dave on October 27, 1998 at 08:37:34:

Hello, Constance!

First, I think Rob’s advice is prudent; you’ll kick yourself but hard if you try to sell the property at some later date and discover that your deed doesn’t pass muster with your buyer’s title company. Now is the time to make sure it’s done right, and you can probably have it done by an attorney for around $100.

Second, since both you and your ex-husband are currently on the deed, it’s very likely that you both are named on the mortgage. Simply transferring title to you alone will not release your ex-husband from the mortgage, and may cause problems for you with the mortgagee (i.e., the lender). This could be an instance when a “due-on-sale” clause (as it is commonly referred to) is somewhat of a misnomer. Such clauses often cover ANY transfer of title, whether it truly constitutes a “sale” or not. By transferring title from “you-and-your-ex” (as current owners) to just you, you could run afoul of the due-on-sale clause in the note and mortgage. Unless the mortgagee consents in writing to the transfer, you may have an unwelcome legal entanglement on your hands.

Please, Constance, talk to a real estate attorney about this before proceeding. I hope this info is helpful, and I wish you well!


#5

Re: Divorce-Transfer House Ownership - Posted by Rob FL

Posted by Rob FL on October 26, 1998 at 19:38:50:

Either a quit-claim deed or warranty deed. Please be careful to have the deed prepared correctly. Have a title company or some knowledgeable person review it before it gets recorded. Probably the #1 title problem I run across is from unexperienced do-it-yourselfers preparing their own legal documents. I work full-time examining titles and see this all the time. If you are in the South check out our webiste at www.thefund.com


#6

Re: Divorce-Transfer House Ownership - Posted by Joe Kaiser

Posted by Joe Kaiser on October 27, 1998 at 04:15:49:

In my state (WA), no deed is required at all. The divorce decree transfers title in and of itself.

Joe