I’m divorced and the house is in my name but the mortgage was in my wife’s name and I just paid it off, is there anything else that I need to do?

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I’m divorced and the house is in my name but the mortgage was in my wife’s name and I just paid it off, is there anything else that I need to do?

My wife and I divorced. My name is the only name on my property deed. While we were married we got a mortgage. The mortgage company made us put her name on a deed of trust. The mortgage is paid. Do I have to have a quitclaim deed to take her name off of anything? My name is still the only name on the title.

Asked on July 11, 2011 under Real Estate Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the mortgage to the property has been paid off and legal title to the house has always been in your name, you have nothing to do to make sure that your wife has no claim to it.

Her name was put on the mortgage as a mechanism by the lending institution to have an additional named person be obligated to pay on the loan even if your former wife was never on the deed to the home.

As a safeguard, you should review your marital dissolution papers (settlement agreement and judgment of dissolution) to make sure legal title to the home after the dissolution was to be in your name only and then verify that the deed solely lists you as the sole owner.


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