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Divorce and Home Title

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DoneinCA

Junior Member
What is the name of your state?What is the name of your state? California

My wife and I are getting a divorce. We were seperated for two years until January when we thought we would give it one last try. When we first seperated I kept the house. She gave me time to get the house into my name but I never actually did so because initially I thought we might get back together. Now that we know that we can't stay together is there a simple way of transfering ownership of our home to me? I know that I could go through as if I were purchasing the home but I think paying all of those fees again is going a bit overboard. Any help I can get is greatly appreciated. Even a website with some good information would great.

Dan
 


LdiJ

Senior Member
DoneinCA said:
What is the name of your state?What is the name of your state? California

My wife and I are getting a divorce. We were seperated for two years until January when we thought we would give it one last try. When we first seperated I kept the house. She gave me time to get the house into my name but I never actually did so because initially I thought we might get back together. Now that we know that we can't stay together is there a simple way of transfering ownership of our home to me? I know that I could go through as if I were purchasing the home but I think paying all of those fees again is going a bit overboard. Any help I can get is greatly appreciated. Even a website with some good information would great.

Dan
You have to refinance the house into your own name...which, yes, means that you are going to have to pay some of the fees again. She would give you a "quit claim" deed as part of that process....you will have to buy out her share of the equity.
 
S

seniorjudge

Guest
DoneinCA said:
What is the name of your state?What is the name of your state? California

My wife and I are getting a divorce. We were seperated for two years until January when we thought we would give it one last try. When we first seperated I kept the house. She gave me time to get the house into my name but I never actually did so because initially I thought we might get back together. Now that we know that we can't stay together is there a simple way of transfering ownership of our home to me? I know that I could go through as if I were purchasing the home but I think paying all of those fees again is going a bit overboard. Any help I can get is greatly appreciated. Even a website with some good information would great.

Dan
I am unclear at what stage you are at, but if you are getting divorced, then the house is part of the divorce process. The title to the house will be decided by the judge in court and the judgment you get will set out who gets what.

If CA then requires a deed, you will quitclaim it after you are divorced.

Check with your lawyer to get all the details on how this is handled since I just gave you very general statements.
 

DoneinCA

Junior Member
Everything with the divorce has been decided between us. We have agreed to joint custody and already agreed on all of the other assests. We have even agreed on the house. I just wanted to get an idea of what it was going to take to proceed. I'm hoping given that we have agreed to everything a Judge won't step in and change anything.
 
S

seniorjudge

Guest
DoneinCA said:
Everything with the divorce has been decided between us. We have agreed to joint custody and already agreed on all of the other assests. We have even agreed on the house. I just wanted to get an idea of what it was going to take to proceed. I'm hoping given that we have agreed to everything a Judge won't step in and change anything.
Obviously, the disposition of the land will also have to be in the judgment.
 

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