Getting a quitclaim deed after divorce is necessary to remove a spouse’s name from the property title and mortgage.
Q: When I was married, my wife and I purchased a home with a VA loan. My wife and I later divorced and I was awarded the home in the divorce and it states so in the divorce decree.
My lender will not accept my divorce decree without permission from the VA. The VA also will not accept my divorce decree and wants a letter from my ex-wife stating that she relinquished her rights to the home, which she refuses to sign.
My question is, after I pay off the home, how can I get her name off the title?
A: You must separate the issues: There is a big difference between the ownership of your home and the debt obligation to your lender.
When you contact your lender or the VA, they will automatically assume you are calling them to see if you can get your former wife’s name off the mortgage to the home. From your perspective, you may not care if your former wife’s name is on or off your mortgage. You should only care that her name is no longer on the title to the home.
Usually people going through divorces forget to get a quitclaim deed from their former spouses transferring any interest the former spouse has in the home to the spouse given the home in divorce.
You have a divorce decree that says that you get sole ownership of the home. However, the land records where you live show you owning the home with your former spouse. You need to get your former spouse to sign the quitclaim deed to show you as the sole owner of the home. She can refuse to sign the deed, but you can ask the attorney that represented you in the divorce to go before the judge and get a court order that requires your former spouse to sign the deed. If your spouse refuses, the court may be able to issue a deed on your spouse’s behalf that you would be able to record.
Once you have that document, you can record or file it in the office that handles real estate records in your municipality, the property records will match the divorce decree and show you as the sole owner of the property.
Even if you are the sole owner of the property, you and your former spouse are still obligated to repay the loan. Your lender will report your timely payments to the credit reporting bureaus and will report any late payments as well. That payment history will be part of your credit report as well as your former spouse’s credit history, as your former spouse is still on the loan with you.
However, once you obtain the quitclaim deed and it is recorded, you can go back to your lender and the VA and have the loan changed to show you as the sole borrower on the loan. To convince your former spouse to sign the documents, you can always say that you need the quitclaim deed to get her name off the loan.
You say:
However, once you obtain the quitclaim deed and it is recorded, you can go back to your lender and the VA and have the loan changed to show you as the sole borrower on the loan. To convince your former spouse to sign the documents, you can always say that you need the quitclaim deed to get her name off the loan.
This is the situation I am in as the wife of Veteran. I am co-signer on the loan, and hold joint title to the house. As part of our divorce, I am willing to give him quitclaim deed so he is sole owner of the house after the divorce, BUT I WANT TO BE ASSURED THAT I AM RELEASED AS CO-SIGNER. You seem to be saying that I should just give him the deed and he can “have the loan changed”. How can I assure myself this will happen, and I dont get stuck with no house but a nice loan obligation.
I am not being mean to a vet. I don’t live in the house which he has been enjoying himself for years. Sometimes I have to make the mortgage payment for him. I need this to stop and I need to get off the loan.
This is complicated by the fact that he is behind in his mortgage payments. He is working on a payment plan, but how can the payment plan be made in conjunction with my being released from the loan. Is being in arrears going to be a hinderance to this type of restructuring. In other words, if we are having difficulty bringing this current now, will they prevent me from being released from the loan until it is current, which might not happen anytime soon.
In short, how can we handle this at minimum expense and as quickly as possible. Thanks very much for your input.
I’m in the exact same situation! Did you ever get an answer??
Dissolution was in May of 2006. Both our names are still on deed to home. Home is paid for though. I don’t want home an would like to get my name off deed but can I get compensated with $ for doing this?. I mean can I legally ask for an amount from my ex for exchange
My wife signed off on the home and the land in the divorce 16 years ago. It states in the divorce it was final and done without duress. Also Signed by the Judge, myself, ex wife, and ex wife’s Uncle as a witness. We had just purchased the home and land before the divorce in both of our names. I paid all the payments on everything since she left. She may have paid some in the first year. I have all of my receipts for everything over the last 16 years. She paid nothing. Now that I am ready to get my land paid off she is refusing to sign the quit deed and says she wants me to pay her 15,000 dollars to sign the property over. Threatening me saying she will take my land and home. Her name is on the contract to the land, and the mortgage to the home. Again she hasn’t paid on it for at least 15.5/16 years. Where does she stand and can the court force her to sign the quit deed 16 years later after I pay everything off?
husband and I going into 3rd yr now of separation waiting for FINAL dissolution, BIG HEADACHE hes fighting everyting, mostly preopty and MONEY. We own a vacation condo in HAWAII. he wants to fdo a 1031 and he said he will “help” me get something and I can “use his half” of the sale to buy something and his name and mine both will be on the property, but it would be MINE(he says) I would do all the upkeep, pay all the taxes, repairs, etc etc., (ummm, Dear~ NO I WASNT BORN yesterday, and NO I’M NOT stupid) if ever I sell, or when I if I die he gets say he put in $100,000. and property cost $400,000. SELLS for $650,000. he would receive $215,000. SURE SOUNDS FLAKY TO ME!! ESp if I did say.. a nice re-do adding $40,000. into kitchen and bath etc. into the home,etc. I do not Trust this, BECAUSE- you got it! I DO NOT TRUST HIM! I understand what he wants– he would prefer to do this for tax purposes, as Would I), but NOT WITH HIS NAME on it. He wants EVERYthing from the marriage. HE ALREADY owns HIS own home (that was to be our RETIREMENT HOME…) PAID for, and appx 50-60% of our home we lived in for 23 years together. SO NOW he wants the last OF WHAT he can get from me Because he’s FURIOUS that I get half of his retirement. DO YOU see any benefit from it for ME, except for the fact that I WOULD have a little more cash to use for a home purchase myself post divorce?? I do not have available cash $$ of my own; I have a small defrd comp pkg From his work, that’s it. except for my monthly soc security disability$1100. and his pension, appx 1700. after taxes and my medical insurance.) SO there’s no way I would be able to afford a monthly mortgage payment and live anywhere trust me under $3000. doesn’t get you real far here.I know it SOUNDS like a lot- TRUST me, it’s not.not when your insurance is over $800. per month: I live in California ; as most people know, things aren’t real affordable here,and I am not about to rent a one bedroom aot (tried that last summer.NO WAY!), or mobile home park(NONONO WAY!) I guess I could go somewhere lIke Costa RIcA, or FLorida, and get a little place in each of those places maybe??) Would love to, but my two grandkids are here and a few family members. SO IF I DID THIB.(I’IM NOT), BUT IF I took him up on this(him helping me with a purchase)and did it all ON MY terms, NOLT his, AFTER THE 1031 is copmpleted, Can I have him sign a quit claim deed,and write up a SEPARATE notarized document that IF the home is sold he will get 25 % of the sale? and in mY Will, the same? That my son and grandkids get 75% of the home and HE gets 25%?? DOES THAT sopund SAFE? thank you I HOPE I haven’t confused you too much….
ADDENDUM: on above that was 25% of the sale of the home if I sold it,
and, If I died before , MY WILL would say, he gets 25% of sale of the home, my kids 75%, OR
MY kids sell HOME to give him 25%, something along those lines, that is what I was referring to up there.
thank you
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A quick claim does NOT remove a spouse from TITLE you have to go back to court and amend your divorce degree because a divorce degree outweighs a quick claim as it’s signed by a judge.
Hi. I was divorced in 2013. My ex was awarded the home that we both are on the mortgage. It is on a VA loan. Can I do a quit deed to get my name off of the home since she resides there?