Can you transfer to deed to property to one spouse if the mortgage is in the other spouses name?

Separated from spouse. I pay mortgage, deed is in both names, mortgage is in his. Can we transfer deed to my name only?

Asked on July 24, 2012 under Real Estate Law, South Dakota


Chris Miao / The Law Office of Lee & Miao, PLLC

Answered 8 years ago | Contributor

Most banks will require you to receive consent from the bank if you are transferring the deed to your name only.  Just double check with you bank if they require that the mortgage be assigned to your name as well.  If it is not, you can do a quit claim deed to transfer the property to your name only.

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