I am going thru a divorce right now and my husband has signed a consent decree with me awarded the home. The title and morgage is held in my name only as unmarried with no loans taken out during the marriage against the property. Is that sufficient to transfer any interest in the home once the decree is finalized or would a quit claim deed be necessary? Would the Divorce decree it's self be acceptable to lenders in the future should I need to refinance or sell down the road? If I were to record the divorce decree in regards to this would it be acceptable to record only the page awarding the home?
Real Estate Attorney
The attorney handling your divorce should know the answers to these questions and I urge you to consult them before seeking second opinions. If you are doing your own divorce then you need to consult a local attorney to make sure everything is done right. You have very real assets to protect (your home). It sounds like most of the work has been done so it should not cost as much.
That being said, if you were in Kentucky (I do not practice in AZ and have no opinion regarding AZ law) then you would need the Quit Claim Deed. No you could not just file a page from your divorce decree. And no the divorce decree itself would not be enough for lenders in the future. Doing this the right way now will save you tons in the future. Good Luck
3 lawyers agree
Real Estate Attorney
I'd just like to add that it's just "cleaner" to have your soon to be ex quitclaim any claim to an interest in the house. While not common, sometimes issues arise post-divorce and this is one way to ensure that your house doesn't get tied up in any disputes.
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2 lawyers agree
Divorce / Separation Lawyer
File a quit claim deed just to be sure there are no future problems. The page from the Divorce Decree is legally insufficient. Technically, you don't need the hone transferred to yo at all. Even without a quit claim deed. It is already yours. However get the quit claim signed just to be safe.
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