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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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Experience:  JA Mentor
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My wife and I are getting divorced. The house was free and

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My wife and I are getting divorced. The house was free and clear at that time, but I needed to pay her out, so I took a morgage out to pay her, now need to change the title to my name only. How do I proceed to do that.
Thank You
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 5 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

You and your wife wife can sign a quitclaim deed, transferring title to the house from both of you to just you. She'll also need to sign something stating that the money you're giving her is in exchange for giving up her community property interest in the house, unless you have a court order directing her to sign. If you haven't given her the money yet, you can meet at the County Recorders office, sign the papers, and give her the check at the same time. Usually, they have rooms for that right there. If you've already given her the money, you can file a Request for Order, asking the judge to direct her to sign the deed. Bring the deed to court with you, and she can be made to sign it right there.

Here is a sample deed you can use.

http://www.slocounty.ca.gov/Assets/CR/Commonly+Recorded+Documents+Forms/QuitclaimDeed.pdf

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Expert:  Lucy, Esq. replied 5 months ago.

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