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Remove name from the person property title & deed

Seattle, WA |

What kind transaction need to do in order to remove one of the spouse's name from the join own personal property(house)'s title & deed?

Victim of Domestic Violence - 2 yr Protective Order - Awarded Home - Mortgage in My Name Only - Money in My Name Only used for Downpayment - My Credit Only used for Mortgage - his name added to title the day of closing - Need to refinance as I am paying all bills and Mortgage - Want to file for Divorce ASAP - after six months if possible - how do I get his name off title/deed

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This question was posted twice. I would consult an attorney and look at may doing a "quit claim deed". Google that so you can get an idea of what it is about.

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The answer likely depends on whether there is a court order and the reason for the change in title.

If the purpose of the removal is to prevent the other spouse from claiming an interest in the real property, that may not work unless it being done because of a court order in a dissolution.

In a WA dissolution proceeding, the court generally has the power to justly and equitably divide all debts and assets. Title in only one spouse's name likely will not prevent the court from being able to divide the property.

You may want to consult with an attorney.

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If you and your spouse own the house "free and clear", you may use any valid deed of conveyance. A title company can draft the deed in legally valid format for a relatively small fee.

If you have a mortgage, a change in ownership status requires approval of the lender, and usually requires re-application for the financing based on the new ownership. If your own income and/or credit is not sufficient to qualify for the loan, or if the property has lost equity in the recent housing slump, it may not be possible to get new financing, and therefore, it may not be possible to convey the house.

If you are divorced or widowed, and you continue to make the mortgage payments, in most cases, the lender cannot force you to refinance or sell the house if you receive the house in the divorce settlement or as part of the probate estate.

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You haven't explained why, but you need a deed; it could be quitclaim; bargain and sale with or without covenants againstgrantor's acts; warranty deed. You may want the assistance of a title company, a lawyer or both in sorting this out.

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