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How do I properly record a special warranty deed to remove my ex-husband after divorce?

I am preparing a special warranty deed as a result of my divorce where I received the house. I need to change the deed to only show me as the owner. I'm not sure if I prepared the documents correctly. In particular, I listed both me and my ex-husband as the grantors since we both are on the special warranty deed and me as the grantee. Is that correct?

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Barrister
Barrister

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Yes — that is exactly how the deed needs to be prepared. Both you and your ex as the grantors, and you as the sole grantee.

The loan doesn’t affect ownership, only who is responsible for the debt.

Once you and your ex sign the deed in front of a notary public, you then record the deed at the local land records office. That finalizes the transfer and makes you the sole owner.

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I am preparing a special warranty deed as a result of my divorce where I received the house. I need to change the deed to only show me as the owner. I'm not sure if I prepared the documents correctly. In particular, I listed both me and my ex-husband as the grantors since we both are on the special warranty deed and me as the grantee. Is that correct?

Lexi

Lexi, Chatbot

I understand that preparing a special warranty deed can be quite stressful, especially after a divorce. Can you tell me if the divorce decree specifically states that you are the sole owner of the house now?

Yes it does. I can copy the language here to be certain if that helps.

Lexi

Lexi, Chatbot

Have you already filed the special warranty deed with your local county recorder's office?

No, that's what I'm trying to do here.

Barrister

Barrister

Hello and welcome to the site! My name is Barrister and I am a licensed attorney, and I’m here to help with your situation. I know your question is important, but there may be a short delay in my responses as I am typically working with several customers at once. I’ve read your post, and I’m sorry you’re having to deal with this — I understand it can be frustrating and confusing.

Is the goal here for you to end up as the sole owner of the property?

Yes.

I listed both me and my ex-husband as the grantors since we both are on the special warranty deed and me as the grantee. Is that correct?

His name is on the deed because we live in a community property state. His name was not on the loan, but that doesn’t matter.

So is my next step to file the papers to have him removed from the deed per the divorce decree?

Barrister

Barrister

Yes — that is exactly how the deed needs to be prepared. Both you and your ex as the grantors, and you as the sole grantee.

The loan doesn’t affect ownership, only who is responsible for the debt.

Once you and your ex sign the deed in front of a notary public, you then record the deed at the local land records office. That finalizes the transfer and makes you the sole owner.

Okay, to be certain — the form that I completed through eForms is all I need, correct?

Barrister

Barrister

Correct. Once it’s signed by both of you in front of a notary and notarized, it just needs to be recorded.

Great, thanks for the reassurance. It was worth paying to know for sure.

Barrister

Barrister

You are very welcome. Glad I could help. Have a good evening and be safe!

Thanks.

Barrister

Barrister

Glad to help.

Barrister

Barrister

65,716 satisfied customers

Barrister
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