Remove Ex-Spouse’s Name from Title of House
How to Remove Ex-Spouse’s Name from the Title of Your House
You were awarded the house in your divorce, and now you need to sell it. However, you have a problem. Your ex-spouse’s name is on the title, and it must be removed before you can sell the house. Now what?
This is a very common scenario. There are typically two ways to have your ex-spouse’s name removed from the title of your house.
1) Quit Claim Deed
Asking your ex-husband or ex-wife to sign a Quit Claim Deed is the fastest, easiest, and least expensive way to remove his or her name from the title.
Steps for this Process:
- Ask your attorney to draft a Quit Claim Deed.
- Send the Quit Claim Deed to your ex-spouse to sign.
- File the signed Quit Claim Deed with the county recorder.
If your ex-spouse refuses to sign the Quit Claim Deed, despite a divorce decree saying that you were awarded the house, then you will need to ask the court to hold him or her in contempt.
2) Action to Quiet Title
What happens when you have no idea where your ex-spouse is, or how to locate him or her? This happens more often than you might think. Unfortunately, your only option is to file an Action for Quiet Title. This process is longer, more complicated, and more expensive than a simple Quit Claim Deed. An experienced real estate attorney can often have the process completed in 2 to 3 months, depending on the county.
Steps for this process:
- Find an experienced real estate attorney.
- Ask them to file an Action for Quiet Title.
- Your attorney will conduct all of the necessary searches, provide notices, draft and file court documents in accordance with Arkansas Law.
- Once the final Action for Quiet Title decree is signed by the judge, you (or your attorney) will file the decree with the county recorder.
THEN, your ex-spouse’s name will be removed from the title of your house. You will finally be able to sell, transfer, or otherwise dispose of the house as you wish.
If you own property in Arkansas and need legal assistance, please contact The Hardin Law Firm, PLC. For our out-of-state clients, we are available via phone, fax, and email, to assist you with your real estate needs.
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DISCLAIMER: The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.
Last updated: August 14, 2016 at 19:06 pm