How would I transfer house to my name upon divorce?

My husband & I bought a house 1 year ago. The title and mortgage under both names. He moved out to live with another woman, but agreed to divorce and let me have the house. We haven’t filed for divorce yet. I am concern about the house. Can I transfer the title and mortgage under my name? When will I do that, before divorce or after? I have 13 year-old daughter from my previous marriage.Please advise.

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4 Responses to How would I transfer house to my name upon divorce?

  1. My Take on It says:

    He can do a quit claim for the deed to get that in your name only and his name off.
    BUT…as for the mortgage..that’s not so easy. If he wants off the mortgage, you would have to be able to refinance this mortgage on your credit and income alone.
    Otherwise, he is stuck …
    In some cases, the court may order that the family home be sold or one partner buy out the other.

  2. Sharon T says:

    After the judge awards you the house your ex can sign a Quit Claim Deed to transfer the house to your name. There is nothing either of you can do to put the mortgage in just your name unless the mortgage company agrees. For that to happen, your income and credit alone would have to be adequate, which is seldom the case. There would also be a fee to pay, which your ex should be required to pay since it is no skin off your back if he is still on the mortgage.

  3. Jax says:

    I believe all you need is a "quit claim deed " signed and notorized from him and you record it with the local assessors office/ county… With the divorce, it depends if you have a contested or uncontested with children… if uncontested get the paperwork, fill it out for you and him and have him sign all documents at a notary, the packet comes with instructions, then you file it.. if you can come to agreement on the child, put the plan in, file and wait about 4 to 8 weeks.

  4. Hal says:

    It matters what state you’re in.

    First, as to legal title to the house. In Texas, a Quit Claim Deed can really mess things up for you, and a Texas divorce lawyer will try to talk you out of using one. We normally use a Special Warranty Deed in Texas divorces, in which your husband would "warrant" to all subsequent buyers (from you) that he did, indeed, own what he transferred to you. If he used a Quit Claim Deed, he’d be saying "I’m not saying I own it, but if I do, it’s yours now." It’d be enough to have the real estate records reflect you as owner, but when it’s time for you to sell, you may not be able to get title insurance, meaning the buyer can’t get a mortgage, and the house might be unsellable.

    Second, as to the mortgage, part of the documents prepared at the time of divorce would be something to give him some protection if you don’t make the mortgage payments and the mortgage company forecloses on the mortgage that’s still in both your names. In Texas, we’d use a Deed of Trust to Secure Assumption, and might also put language in the Decree that requires you to refinance or assume the mortgage within a certain period of time to eliminate his obligation under the mortgage.

    If I were the divorce lawyer in this case, I’d charge $200 extra to do the Special Warranty Deed and the Deed of Trust to Secure Assumption, and you’d be responsible for the fees to record them with the county clerk, probably another $50.

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