How do you transfer title of deed to ex-wife and have ex-wife remove her interest from pension?

Question Details:

How have ex-husband transfer title deed to ex-wife. Ex-wife will remove her interest from the pension. Mortgage and deed to house is in both names now.

Asked 11/12/2009 under Wills, Trusts, Probate | 362 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

The pension isn't a problem;  nothing needs to be done.  The federal law governing pension plans prevents any transfer of an interest in your pension, unless very specific rules are followed;  when a pension is to be split between divorcing spouses, a special court order has to be prepared for that purpose.  If there's no such order ("QDRO"), the pension benefits belong to the owner, period.

Usually, the only way to remove the husband's name from the mortgage is for the wife to do a refinance in her own name.

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