Divorce was finalized in 2009. Decree awarded the house to me. I was unable to refinance and could not afford the mortgage payments, so my ex-husband agreed to take ownership of the house (we are both still on the title). He has assumed full financial responsibility and occupys the property.
What do we need to file in order to modify the decree to reflect the decision?
I am not sure you need to "modify" the divorce decree as the divorce is final and this change of ownership is simply between two private individuals dealing with property.
You need to do a title transfer. You can execute a "Quit Claim" which will take you off title. Unfortunately this will not take you off the loan. Your ex may have to refinance to get you off loan obligation.
I would file an agreed amendment to the decree regarding this because otherwise the state may charge a transfer excise tax when you change title. Such a tax is not charged if it is a title transfer due to a divorce.
A consultation with an attorney can help get this done so you avoid future problems.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline