I am participating in a congenial divorce. My spouse & I have agreed on an amount for me to buy her out of the house equity and I can refinance with my parents who can wire money to pay off the loan and buy her out.
What papers do I need to file? I'd like to avoid paying a title company lots of money to repeat paperwork they did 8 years ago.
My best estimate is:
(1) that my spouse needs to sign a quit-claim deed and record it at the county auditor's office;
(2) my parents need to wire money to the mortgage company to pay off the loan (so my spouse is no longer liable);
(3) I need to write out our agreement with my parents to repay the loan.
Is there any other paperwork we have to do so I have a clean title to the property?
Note that I'm only looking for information about the process/paperwork for the house. The divorce is being handled in a separate process.
Family Law Attorney
No lawyer can responsibly tell you what to do without being retained to do so. There are a lot of facts that need to be considered in the preparation of final divorce pleadings and a property settlement, as you are discovering. If you want competent advice, you will have to retain a competent attorney.
Divorce / Separation Lawyer
You'll have to do whatever the mortgage company and the local real estate law requires. Consulting with a local real estate attorney would be a good start.