A recurrent situation is where the parties to a divorce decide that one party will remain in the property after the divorce and they have to get the other party’s name off of the deed and/or the note and mortgage.
Here’s How To Remove Your Ex-Spouse From The Deed
To take your spouse’s name off of the deed you have to execute a new deed from you and your spouse (as grantors) to you (as grantee). This keeps the chain of title intact. Once you and your spouse have signed this new deed it has to be recorded with the county clerk in your county. Now the chain of title will show that you and your spouse purchased the property in a certain year and then you and your spouse transferred the property to you on a certain date. The mechanics of the transfer are very straightforward. This deed is called a quitclaim deed. It is often mistakenly referred to as a “quick claim deed”.
Attachments to Deed
There two other attachments that need to be filed along with the deed in New Jersey. The attachments are: (1) The Seller’s Residency Certification/Exemption (GIT/REP-3); and (2) The Affidavit of Consideration. If you are also refinancing the property your lender may prepare this paperwork for you. Check if your lender if they will take care of preparing the deed and attachments or whether they want your attorney to handle deed the transfer paperwork. If you are not refinancing the property then you can contact my office at 844-431-3380 to accomplish the deed transfer for you.
Affidavit of Title and Title Search
Your ex-spouse should also sign an affidavit of title regarding the property. The affidavit of title is a standard form affidavit in which your ex-spouse certifies in writing under oath, in front of a notary, that he or she has not done anything to have a lien placed on the property. The affidavit of title protects you so that if, after the title transfer, an issue pops up on title connected to your spouse you have an affidavit from them that you can utilize if you have to go to court to force them to remove the lien. Continue reading →