How do I remove my ex-spouse from the deed of my house after the mortgagehas beenpaid off?
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How do I remove my ex-spouse from the deed of my house after the mortgagehas beenpaid off?
Divorced, per decree the house and mortgage were mine. I recently paid off the house and now need to remove her name. The decree clearly states the house was mine when things were split up and the mortgage was my responsibility. Do I need a lawyer or just go to the courthouse? What is my next step?
Asked on August 19, 2011 Georgia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There are several possible ways to remove your former spouse's name for the home you have per the dissolution decree. The first is simply have her sign a grant deed to your home per the divorce decree transferring all interests she has in the property and record it with the county recorder's office.
If she refuses, potentially the dissolution decree in and of itself may allow a transfer if a certified copy is obtained of the decree and recorded on the property. The other option is to file a petition concerning your divorce decree and have the judge order your former wife to sign a grant deed in accord with the court order of the dissolution. Perhaps the court could even issue an order that the property is now in all yours. If so, you obtain a certified copy of the order and record it on the property.
You should probably retain a lawyer to help get the property entirely in your name.
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