Memorandum of Separation and House Deed


#1

I have a notarized separation agreement that states I will buy out my wife’s interest in the house we bought together (I plan to remain in the house). I also have a notarized Memorandum of Separation Agreement that has vague language that the “husband gives, grants, sells, quitclaims unto Wife all his right, title and interest and control in and over the person and property of Wife.” The next paragraph reads that the “wife gives, grants, sells, quitclaims unto Husband all her right, title and interest and control in and over the person and property of Husband.”

If I file this Memorandum with the Register of Deeds, is it enough to remove her name from the actual deed, or is it just there to serve as a notice to anyone who might try to place a lien on my house? And will I need her consent whenever I try to sell the house in the future?


#2

The memorandum is not enough to transfer title. The memorandum basically just memorializes the separation agreement and states that you have agreed to do X and she has agreed to do Y. In order to transfer the title, you need her to file a deed granting you her interest in the property. If the property has been deeded to you, you will not need her consent for future sales.