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suzette357 · Nov 3, 2006, 07:21 PM

I am divorced and living in the family home. The deed for the house has both my name and my ex-husband's name. How do I change the deed to show only my name as sole owner of the house?

Fr_Chuck · Nov 3, 2006, 08:15 PM

In the divorce the property settlement should have given the house to one or the other party. Or ordered it sold and divided.

So at the pont that the divorce court ordered it given to the other, the transfer should have been done by quck claim deed.

This does not change the signer/co signer status of any loan, but would sign any ownership of one over to the other.

Your divorce attorney should have arranged that for you during the property settlement part of your divorce

suzette357 · Nov 4, 2006, 06:12 AM

Thanks for your answer Fr Chuck. At the time of the divorce, it was agreed that I would live in the house until the youngest daughter was 18 and had graduated from high school.
She will turn 18 and also graduate in June. I am putting the house up for sale in the Spring. However, my ex husband has gotten himself into a very difficult situation financially... with his business... there is legal action now on both sides... and I am worried that someone could come after the house... since legally he owns half of it. Then, I fear, I would not be able to sell it... can a change of name of a deed be done quickly and for not too much money?

Cvillecpm · Nov 4, 2006, 07:04 AM

Originally Posted by suzette357

I am divorced and living in the family home. The deed for the house has both my name and my ex-husband's name. How do I change the deed to show only my name as sole owner of the house?

Have ex quit claim deed to you... your divorce attorney should advise you of the ins/outs of this procedure.

Fr_Chuck · Nov 4, 2006, 08:33 AM

Well of course because of the original court ruling you both do still own the house, till the child turn 18. At which time I would assume you were to sell the house and split the money.

Since he still owns 1/2 of the house, would he trust you, to put it all in your name and then to give him his share when you sell it.

Next of course if someone he owes money to, finds he transferred the house to you without any money paid, they could sue in court to have it overturned, since they would say he is merely trying to hide his property ownership. ( which is maybe what is being done)

A quick claim deed would give some protection, but without you actually buying his half out I am not sure that it would be completely protected.

suzette357 · Nov 4, 2006, 01:20 PM

Thank you again for responding. One question I have is about the HomesteadAct. There is one on file for our property in Massachusetts. Will this protect the house in case any creditors from my ex-husbands failed business transactions try to get money from him in that way? I've been reading about it and it seems that it may... any advice on this?