Divorced and Need to Remove a Name from House

Some of this will depend on the state, but generally there are two things that need to happen to remove him from the title and the mortgage.  A Quit Claim Deed is the title instrument that is used.  In essence, you and your ex-husband are ‘quitting’ your joint ownership of the property in favor of single ownership for you.  Sometimes a court order or terms of the divorce make it a part of the settlement.  That is only one part of the equation, however.

The other part of the equation is to free up your ex-husband from the debt owed on the mortgage [if there is one].  Lenders are NOT a party to the divorce and no matter what divorce attorneys may say, your ex-husband is still liable for any debt on the property for which you both signed.  It is understandable that a quit claim deed without a release of liability is not an equitable solution.  A refinance of the note and execution of a new mortgage deed or deed of trust is necessary to remove him from the debt.  Of course, you must qualify for the loan on your own in order to remove him from the obligation on the property.

For the specifics to your state, I recommend speaking to an attorney familiar with real estate law in your state.  It may or may not be the attorney who may have represented you in the divorce.