removing spouse from deed

Guest 0.10 Dollars($)

When single, had my own house. Got married (almost 10 yrs ago) and we lived in my home for about 5 years. Then, I sold my home and bought a new house - all financing in my name only. Put spouse on deed. These years later, things not so grand. What is the best way to go about removing spouse from deed to home? There will be no issues as we've agreed to this.

Thanks for any information.

jameshogg

Hi Cms,

First of all, let me ask you, in which state do you reside? is it a community property state or not?

If you are staying in a community property state, then chances are that you spouse may hve an interest in the property.

Thanks

jheard · Posted: Mon Jan 28, 2008 8:48 am Post subject:

A quitclaim deed would work in this situation. Have it notarized and filed in your county recorder's office.

Guest 0.10 Dollars($)

Thanks for response. We're in State of Missouri - "an equitable distribution state" - although I'm unsure how that effects.

Any input on this?

gmakerley · Posted: Mon Jan 28, 2008 11:54 am Post subject:

have you engaged an attorney? has your spouse engaged an attorney?

without knowing your legal rights (each of you), you are quite likely treading on thin ice here.

i suggest you both seek counsel and act accordingly.

Guest 0.10 Dollars($)

we're in the process of checking into legal counsel. I stumbled upon this forum and thought I'd post to see if anyone could give some insight. We're on extremely good terms, and there's really more to this situation besides the house. Spouse has made some very bad choices, and I want to protect myself as best I can.

Thanks for your input.

sara

Hi Cms,

Missouri being an equitable distribution state does not involve 50-50 split of property equity as in a community property state.

Moreover, in an equitable distribution state, more assets are considered marital property unlike in a community property state. So, I feel you're on the right track by talking legal counsel as an attorney in Missouri can be the right person to guide you.

Take Care

gmakerley · Posted: Wed Jan 30, 2008 7:43 am Post subject:

i'm gratified to see your response, cms. parting amicably will be so helpful in resolving the real estate issue and whatever else may be part of this situation.

and i understand your comment concerning having found this forum and the quest for advice. fortunately, there are some level-headed people with good advice on here.

lisascherzer · Joined: 04 Jan 2008 Posts: 755 1.03 Dollars($)

Hi cms,

A quit claim deed will remove him from title. I suggest calling a local title company and they can prepare it for you for about $50. You can then have both parties sign in front of a notary and file it with the county.

jbarto65 · Joined: 04 Nov 2007 Posts: 626 -0.11 Dollars($)

If everyone agrees then the quit claim should work in this situation, you can do it at a notary and have it recorded at the county courthouse in which the property is situated. Goodluck, hope you got the help you need here.

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