How to Remove Your Spouse From the Home Deed of Trust

Removing a name from a deed is easy, but can have repercussions.

Removing a spouse's name from a deed might be done for several reasons, but one of the most common is for divorce. Before you begin removing your spouse's name from the deed, make sure to check with your lender, as many times the lending company could default your loan for any changes in ownership. If this is the case, you may have to refinance the home in your name. If you have any legal questions, please contact a lawyer.

Things You'll Need

• Copy of old deed of trust
• Blank deed

Instructions

1. Draw up a new deed; list you and your spouse as the seller and you as the buyer. Describe the property on the deed. Both you and your spouse need to sign the new deed in front of a notary in your area and have the deed notarized.

2. Find the relevant registrar of deeds; this is often a job of the county clerk (see Resources).

3. Register the new deed at the relevant registrar's office.

Tips & Warnings

• It is a good idea to always consult a lawyer before making any changes in your deed. Not only could your home loan be affected, but your taxes could be affected as well.

References

• Roberts and Roberts Law Firm: How to Add Someone to a Deed
• Ask Me: How to Add Someone to Your Deed
• Expert Law: Dividing the Marital Home in Divorce

Resources

• Netronline: Public Records Online Directory