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Ask AttyHeather Your Own Question
AttyHeather
AttyHeather, Lawyer
Category: Real Estate Law
Satisfied Customers: 677
Experience:  Attorney with 15 years experience
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My wife and I are divorced. the home is in both our names.

Customer Question

my wife and I are divorced. the home is in both our names. she lives there and I live in aprt. must I remove my name from deed so she can get a gov grant to do repairs
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  AttyHeather replied 2 months ago.

Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.

Expert:  AttyHeather replied 2 months ago.

In the divorce, the judge has the discretion to award property to either party. It could be that you are entitled to part of that property as part of your divorce settlement. If you were my client, I would make sure all the details of the property settlement were agreed upon before I had you remove your name from the deed. That's just the normal sequence of events. Please let me know if this answered your question, and I'd appreciate if you could provide me with a rating! Thank you.

Customer: replied 2 months ago.
we both r on deed. she said I have to take my name off deed so she can get grant
Expert:  AttyHeather replied 2 months ago.

Since the house is an asset in the middle of a divorce, it is possible that it might be awarded to you, or you might be entitled to some equity in it. You are free to sign the deed over to her, but if you do not have a court order that restrains her from encumbering the property or selling the property, you will be unprotected if she does try to sell the house or get a loan against it, and then squanders the money. Does that make sense?