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How to Get My Name Off Our Marital Property if My Partner Won’t Sell?

During a divorce, a couple’s most significant financial decision is what to do with the house or other property. In some cases, one partner may remain there, though that usually means buying the other one out. Many couples choose to sell the home instead.

However, if your partner refuses to sell and wants to remain in the home, you should remove your name from the mortgage loan as soon as possible. He or she should refinance to do this. However, depending on your situation, you may need to complete a deed of conveyance, which is a legal document that serves as proof of the transference of a deed (or title) from one owner to another.

What is a Deed of Conveyance? 

When you sell a house, you legally transfer the property in return for money. To obtain a sale deed, there must be money changing hands. If one partner isn’t buying the other out of the home, you might use a deed of conveyance, which transfers property in the case of a gift, lease, mortgage, or exchange.

Here are the five steps to abolish someone’s name from the property deed:

  1. Review property ownership interests.
  2. Get a copy of your title deed.  
  3. Review, complete and sign the warranty form or quitclaim.
  4. Submit the warranty form or quitclaim.
  5. Request a certified copy of the submitted form.

Other Options

There are many types of deeds and warranties in property ownership and transfer. Speak to your lawyer or a real estate attorney about warranties and quitclaim deeds. In the case of the latter, your partner may request this deed if he/she cannot refinance the home alone. Signing this type of deed means you forfeit your right to sell the home and profit from it.

It’s also risky; it means you are still held accountable for any missed payments.

Most of these options assume your partner is cooperating with the process. If he or she is not, you must ask your attorney about the next steps; you’ll probably end up in court.

Questions about the house are among the most common we hear. If you have a question, reach out to our team today to schedule a case review!


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