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    Mary Klehr's Avatar
    Mary Klehr Posts: 1, Reputation: 1
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    #1

    Jan 30, 2013, 09:16 PM
    Removing my husbands name from house title
    My husband & I own a property together and we have decided to separate.
    We have come to an amicable agreement of the division of our assets.
    I will take ownership of the house which will be free of any incumbent .
    The title of the property is in joint names, how do I remove my husbands name from the title? And what costs would be involved? I am also wondering if I would have to pay stamp duty again on the property ?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Jan 30, 2013, 09:23 PM
    Your husband must sign a deed that lists himself as seller and you as buyer. Then the deed must be recorded. I suggest that you have this handled by a title company or attorney rather than doing it yourself. It shouldn't be expensive and you'll know that it was done properly. There shouldn't be any transfer fees for this type of deed so the only costs will be the cost of recording the document and any fee charged by the title company or attorney.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jan 31, 2013, 05:40 PM
    Quote Originally Posted by LisaB4657 View Post
    ...There shouldn't be any transfer fees for this type of deed ...
    I suspect this depends on the law of the particular state or country involved.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Feb 1, 2013, 06:33 AM
    Agree, it is a transfer just like any deed, he has to do it, for you
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #5

    Feb 1, 2013, 06:47 AM
    Stamp duty/tax or any of the various other terms for a % charged on the dollar amount that changed hands shouldn't be charged. That's aside from any filing or recording fees.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #6

    Feb 1, 2013, 02:25 PM
    He signs a quit claim deed over to you so you are the sole owner of the property provided that there is no mortgage involved. If there is a mortgage involved then this won't work.

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