Can I take someone off my deed?

The only way to forcibly change the ownership status is through a legal action and the resultant court order. However, if an owner chooses to be removed from the deed, it is simply a matter of preparing a new deed transferring that owner’s 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.

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.

How do you remove someone from a deed?

What happens when you file a Quit Claim Deed?

You can expect one of three possible outcomes on the way to filing the quit claim deed: If your spouse signs the deed, file it with the appropriate agency (most often the county clerk or property recorder). If the judge makes a finding of contempt of court, your ex-spouse will sit in jail until he or she signs the deed.

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.