Divorce FAQ

Owning a house together complicates divorce proceedings when you and your spouse decide to call it quits. Learning how quit claim works can help you avoid future issues with property division.

What should I do if both our names are on the deed but only my name is on the mortgage?
Some people do this kind of arrangement to get a better interest rate on mortgages. However, when people get a divorce, this isn't as simple as it was while you were married. In simple terms, the person who originated the mortgage is solely responsible for paying this off while both people are considered owners of the property. The best way to avoid future issues is to have a quit claim deed done and have the other person's name removed from the deed.

My spouse and I have our names on the deed as well as the mortgage. When can I file for a quit claim?
In this case, you'll need to either secure an agreement from your spouse that he/she is willing to give you the house or wait for the court to give you the property during divorce settlement. Once you have possession of the home via court order, then you can file a quit claim and have your spouse's name removed from the deed.

Is my ex still going to be entitled to any equity on the house if he/she signed a quit claim deed?
If the house had been purchased and quit claimed during the marriage, you'll still need to wait for the court's decision on how the property will be divided. The property is still considered marital property and the amount your spouse would get in equity would depend on the distribution law of the state you are in.

Does my ex have any say on what I do with the proceeds of the sale of the house?
If the house was given to you during divorce settlement, then no, your spouse has no say over what you do with the property or the proceeds you get from selling it.

Does signing a quit claim also removes my responsibility to pay the mortgage if both our names are on the loan document?
Unfortunately, not if the original loan documents still have your name on it. The fact is that no matter how the property is divided, you still have responsibility over jointly held debts. The best way to go about this is to have your ex refinance the house first under his/her name. Remember that refinancing removes your name from the mortgage, while a quit claim removes your name from the deed.

What happens if my spouse refuses to sign the quit claim deed?
Granted that the court gave you full ownership of the home, it's best you find out the requirements in your county concerning recording the deed. Some will allow your deed to be recorded under your name without a quit claim. Others would require it. If your spouse refuses to sign it, this could mean he/she could be held in contempt of court and might face some jail time.