Transferring ownership of the marital home to one spouse during a divorce involves several important steps. While we can’t give you legal advice, we can outline these steps to give you an idea of what is involved in the process. Each step must be carefully managed to ensure a smooth transition and to address legal, financial, and personal concerns.
Determine the Value of the Home
The first step in transferring ownership of the marital home is determining its fair market value. This typically requires hiring a professional appraiser who will evaluate the property and provide an unbiased assessment. The appraisal ensures that both spouses have a clear understanding of the home’s worth, which is essential for equitable division of assets.
Decide on the Terms of Transfer
Once the value of the home is established, the next step is to decide on the terms of the transfer. This involves negotiating together or through attorneys to agree on compensation for the spouse relinquishing their interest in the property. Compensation might include a lump sum payment, other assets, or adjustments to support.
Learn more about taxes on money from a divorce.
Add to the Settlement Agreement
The terms of the transfer should be documented in the divorce settlement agreement. This legal document outlines how the marital assets, including the home, will be divided. It should be comprehensive and detail all aspects of the transfer, including timelines, financial arrangements, and any other relevant conditions.
Learn more about how to protect your assets during a divorce.
Prepare and Sign the Deed
To legally transfer ownership, a deed must be prepared and signed. The most common type of deed used in divorce transfers is a quitclaim deed. This deed transfers any interest the grantor (the spouse relinquishing ownership) has in the property to the grantee (the spouse receiving ownership). Both parties must sign the deed in the presence of a notary public.
File the Deed with the County Recorder
After the quitclaim deed is signed and notarized, it must be filed with the county recorder’s office where the property is located. This step is crucial as it updates the public records to reflect the new ownership. The county recorder may charge a filing fee, and it’s important to obtain a certified copy of the recorded deed for personal records.
Address the Mortgage
If the marital home has an existing mortgage, the spouse receiving the home must typically refinance the mortgage in their name. This step removes the other spouse from the loan obligation and ensures the mortgage payments are manageable on a single income. Keep in mind that refinancing requires meeting the lender’s qualification criteria, including credit score, income, and debt-to-income ratio. There are also specific requirements for how long spousal support must be paid and how many months it has already been received in order to count as income to the support recipient.
With today’s high interest rate environment, sometimes refinancing is not a viable option. What do you do then? If both parties are willing to negotiate, there are several ways to structure a settlement to allow for a more creative solution to the housing dilemma. Working with a financial professional who specializes in divorce issues is key to navigating your options.
Update Insurance and Taxes
Once the deed is filed and the mortgage is refinanced, it’s essential to update the homeowner’s insurance policy to reflect the new ownership. Additionally, property tax records must be updated with the local tax assessor’s office. This ensures that tax bills and other notices are sent to the correct individual.
Review and Update Estate Planning Documents
After the transfer is complete, it’s prudent for the receiving spouse to review and update their estate planning documents, such as wills, trusts, and powers of attorney, to reflect their new ownership status. This helps avoid any legal complications in the future.
Transferring ownership of the marital home to one spouse in a divorce is a multi-step process that requires careful planning and execution. Consulting with legal, financial, and real estate professionals throughout this process is highly recommended to protect both parties’ interests and facilitate a fair and efficient transfer. Contact us today to help ensure you’re making the best decisions for your financial future apart.
