My ex-husband and I got an absolute divorce this past year. In the Separation Agreement it notes the house will be my responsibility (this document was referenced in our Divorce paperwork as well). The mortgage has been in my name only (since the beginning) but the house title/deed was signed by both of us.
Is a quit deed my only or best option to get the house put in my name?
If I do a quit deed, do I need to pay him anything (ie. a payout) eventhough he willfully agreed to hand over the house to me in the Separation Agreement/Divorce?
We want to make sure that (legally) he doesn’t have to worry about house burdens and that I can be the only one financially held accountable for the house.
Yes, unless your separation agreement states otherwise, your ex-husband would need to sign a quitclaim deed and that deed would need to be recorded at your county’s Register of Deeds office to make the title transfer “official.” This is the only way to put the property in your name only.
You do not need to pay your ex-husband anything unless the separation agreement states that he is to receive a specific amount of money in exchange for signing the quitclaim deed to convey his interest in the property to you.
Note that there is a $26 recording fee charged by the Register of Deeds to record a quitclaim deed.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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Thank you so much Anna! I appreciate your quick response. You’ve eased my concerns.